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PEOPLE EX REL. LEIDNER v. DISTRICT COURT IN AND FOR the COUNTY OF GARFIELD

No. 79SA48.

597 P.2d 1040 (1979)

The PEOPLE of the State of Colorado ex rel. Charles G. LEIDNER, District Attorney, Ninth Judicial District, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF GARFIELD, State of Colorado, and the Honorable J. E. DeVilbiss, one of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

July 16, 1979.

Attorney(s) appearing for the Case

Charles G. Leidner, Dist. Atty., Ninth Judicial Dist., Patrick J. Delaney, Deputy Dist. Atty., Glenwood Springs, for petitioner.

Robert B. Emerson, Claire H. Green, Carbondale, for respondents.

CARRIGAN, Justice.

The Garfield County district attorney filed this original proceeding seeking a writ in the nature of mandamus under C.A.R. 21. We issued a rule to show cause why the respondent district court should not be ordered to reinstate two counts of felony theft against the defendant in the underlying criminal case. The district court, after a preliminary hearing, had dismissed those charges for lack of probable cause. We conclude that the district judge...

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