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ORNELAS v. SANTO

No. 28020.

576 P.2d 164 (1978)

Lupe Leo ORNELAS, Petitioner, v. The Honorable Henry E. SANTO, Judge of the Second Judicial District, State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

March 20, 1978.

Attorney(s) appearing for the Case

Walter L. Gerash, Denver, for petitioner.

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty., Denver, for respondent.

CARRIGAN, Justice.

The petitioner was one of three co-defendants charged with first-degree murder in Denver district court. All three were scheduled for trial together beginning February 6, 1978. Because he had recently undergone major ankle surgery and was confined in Denver General Hospital during his recovery, the petitioner moved for a continuance until his discharge from the hospital. At a hearing on the motion, he presented...

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