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PEREA v. DIST. COURT IN & FOR SIXTH JUD. DIST.

No. 79SA487.

604 P.2d 25 (1979)

Fidel A. PEREA, Petitioner, v. The DISTRICT COURT In and For the SIXTH JUDICIAL DISTRICT, and Oakley Wade, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 24, 1979.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Harvey Palefsky, Deputy State Public Defender, Denver, for petitioner.

Craig S. Westberg, Dist. Atty., Sixth Judicial Dist., Durango, for respondents.

ERICKSON, Justice.

Fidel A. Perea petitioned for a writ of mandamus to compel the district court to grant him credit for 101 days presentence confinement time. We issued a rule to show cause and now discharge that rule.

Perea was arrested and charged with first and second-degree assault. Sections 18-3-202, 203, C.R.S.1973 (now in 1978 Repl. Vol. 8). Because he was indigent and unable to make bail, Perea was incarcerated for a period of 101 days prior to the...

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