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MILLER v. DISTRICT COURT IN AND FOR THE NINETEENTH JUDICIAL DISTRICT

No. 28416.

593 P.2d 1379 (1979)

Robert N. MILLER, District Attorney, Nineteenth Judicial District, Weld County, Colorado, Petitioner, v. DISTRICT COURT IN AND FOR the NINETEENTH JUDICIAL DISTRICT, State of Colorado, and Honorable Hugh H. Arnold, District Judge in and for the Nineteenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

May 7, 1979.

Attorney(s) appearing for the Case

Robert N. Miller, Dist. Atty., Rodney R. Capron, Deputy Dist. Atty., Greeley, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Bryan D. Shaha, Deputy State Public Defender, Greeley, for respondents.

HODGES, Chief Justice.

This is an original proceeding in which the People seek relief in the nature of prohibition. We issued an order to show cause why respondent district court's ruling, which reduced a first-degree kidnapping charge from a class one felony to a class two felony, should not be vacated. We now make the rule absolute.

The defendant was charged with class one felony first-degree kidnapping, first...

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