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CELESTINE v. DISTRICT COURT FOR FOURTH JUDICIAL DIST.,

No. 80SA90.

610 P.2d 1342 (1980)

Barbara CELESTINE, Petitioner, v. The DISTRICT COURT FOR the FOURTH JUDICIAL DISTRICT, State of Colorado, Division 6, The Honorable Hunter D. Hardeman, District Judge, Respondent.

Supreme Court of Colorado, En Banc.

May 19, 1980.

Attorney(s) appearing for the Case

J. Gregory Walta, Colorado State Public Defender, Denver, Kenneth Dresner, Deputy State Public Defender, Colorado Springs, for petitioner.

Hunter D. Hardeman, District Judge, Fourth Judicial District, Colorado Springs, pro se.

ERICKSON, Justice.

A petition for a writ of mandamus was sought after the defendant was denied a preliminary hearing. We issued a rule to show cause and now make that rule absolute.

The defendant, Barbara Celestine, was charged with child abuse. See sections 18-6-401(1) and (7), C.R.S.1973 (now in 1978 Repl. Vol. 8). Thereafter, she requested a preliminary hearing pursuant to Crim.P. 7(h)(1) and section 16-5-301, C.R.S.1973 (now in 1978 Repl. Vol. 8...

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