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MIJARES v. SHIPLEY

No. 27987.

592 P.2d 414 (1979)

Philbert M. MIJARES, Petitioner-Appellant, v. Marion M. SHIPLEY, Sheriff, El Paso County, Colorado, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

March 26, 1979.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Craig Truman, Chief Deputy State Public Defender, Lawrence S. Galka, Deputy State Public Defender, Colorado Springs, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Richard H. Goldberg, Asst. Atty. Gen., Denver, for respondent-appellee.

HODGES, Chief Justice.

Appellant Mijares was incarcerated in the El Paso County Jail on a parole violation complaint and warrant. He sought release by writ of habeas corpus which was discharged by the trial court. This appeal followed. We affirm the trial court's judgment.

Appellant's main contention on appeal is that he was not afforded a probable cause hearing within seven days after the advisory hearing by his...

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