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LUCERO v. LUNDQUIST

Nos. 28173, 28183.

580 P.2d 1245 (1978)

Frank R. LUCERO, Petitioner, v. Wallace LUNDQUIST, Acting District Judge, Fremont Country, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

July 10, 1978.

Attorney(s) appearing for the Case

Frank R. Lucero, pro se.

Waliace Lundquist, pro se, J. D. MacFarlane, Atty. Gen., Denver, Patricia W. Robb, Asst. Atty. Gen., Pueblo, for respondent.

ERICKSON, Justice.

This is an original proceeding in the nature of mandamus. We issued a Rule to Show Cause and now make the rule absolute and remand with directions.

The petitioner, Frank R. Lucero, is confined at the Colorado State Penitentiary for aggravated robbery. While in the penitentiary, the petitioner was charged with assault in the first-degree upon a penitentiary officer and with being an habitual criminal.

The petitioner elected to appear...

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