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BROWN, ETC. v. DISTRICT COURT IN AND FOR JEFFERSON COUNTY

No. 28451.

591 P.2d 99 (1979)

Nolan L. BROWN, District Attorney IN AND FOR the FIRST JUDICIAL DISTRICT, COUNTY OF JEFFERSON, State of Colorado, Petitioner, v. The DISTRICT COURT IN AND FOR the FIRST JUDICIAL DISTRICT, COUNTY OF JEFFERSON, State of Colorado, and the Honorable Michael Villano, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

March 5, 1979.

Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., John R. Barksdale, Deputy Dist. Atty., Golden, for petitioner.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, Peter Schild, Deputy State Public Defender, Golden, for respondents.

LEE, Justice.

This is an original proceeding. In response to pretrial motions, the respondent district court declared unconstitutional section 18-4-411, C.R.S.1973, (1978 Repl. Vol. 8), which creates a criminal statutory presumption. The district court, therefore, stated that it would not instruct the jury as to the presumption. Also, the district court ordered that seven separate informations be tried together. We issued a rule to show cause and we now discharge...

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