PEOPLE v. DISTRICT COURT FOR SECOND JUD. DIST.

No. 27817.

575 P.2d 7 (1978)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT FOR the SECOND JUDICIAL DISTRICT, State of Colorado, and the Honorable Susan Graham Barnes, as one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

February 21, 1978.


Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, James M. Leventhal, Deputy State Public Defender, Denver, for respondents.


GROVES, Justice.

This is an original proceeding brought by the district attorney. The respondent court had ordered that a person, here called the defendant, be sent to the Menninger Clinic in Topeka, Kansas for a six-week psychiatric evaluation. We issued a rule to show cause why the respondent court had authority to make this order, and we stayed enforcement of the order until we reached a determination under the rule. We now make the rule absolute.

The defendant...

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