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PEOPLE v. BYERLEY

No. 81SA282.

635 P.2d 542 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Fred Norman BYERLEY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 19, 1981.

Attorney(s) appearing for the Case

Alexander M. Hunter, Jr., Dist. Atty., Peter Michael Maguire, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

I. Melvin Tatsumi, Boulder, for defendant-appellee.

PER CURIAM.

This is an appeal by the prosecution concerning a question of law, as authorized by section 16-12-102, C.R.S.1973 (1978 Repl. Vol. 8) and C.A.R. 4(b). The appellant seeks review of an order of the district court of the twentieth judicial district which granted the defendant's request to be tried for a class 4 felony charge by a jury of three persons. We disapprove the ruling of the district court.

The...

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