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PEOPLE v. DISTRICT COURT IN AND FOR FOURTH JUDICIAL DISTRICT, COUNTY OF EL PASO

No. 79SA180.

606 P.2d 450 (1980)

The PEOPLE of the State of Colorado, and Robert L. Russel, District Attorney in and for the Fourth Judicial District, County of El Paso, State of Colorado, Petitioners, v. The DISTRICT COURT IN AND FOR the FOURTH JUDICIAL DISTRICT, COUNTY OF EL PASO, State of Colorado, and the Honorable John F. Gallagher, One of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

February 11, 1980.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Thomas A. Barnes, Jr., Deputy Dist. Atty., Colorado Springs, for petitioners.

Cole, Hecox, Tolley, Edwards & Keene, P.C., W. Thomas Beltz, Colorado Springs, for respondents.

LEE, Justice.

In this original proceeding, we issued a rule to show cause why respondent district court should not be prohibited from issuing its order denying the People's Motion to Vacate Juvenile Jury Trial and Order Transfer Hearing. We now discharge the rule.

On February 24, 1979, John Wyatt Johnson, a juvenile, was taken into custody for the alleged commission of acts which would have constituted first-degree assault if committed by an adult. At a detention...

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