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PEOPLE v. SCHULTHEIS

No. 80SC229.

638 P.2d 8 (1981)

The PEOPLE of the State of Colorado, Petitioner, v. Glen O. SCHULTHEIS, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 7, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., J. Stephen Phillips, First Asst. Atty. Gen., Litigation Section, Jeffrey Weinman, Asst. Atty. Gen., Denver, for petitioner.

Craig A. Murdock, Denver, for respondent.

Dale Tooley, Dist. Atty., Second Judicial Dist., Brooke Wunnicke, Chief Appellate Dist. Atty., Stephen S. Marsters, Chief Deputy Dist. Atty., Denver, amicus curiae.

ERICKSON, Justice.

We granted certiorari to review People v. Schultheis, Colo.App., 618 P.2d 710 (1980), which held that defense counsel has an affirmative duty to withdraw when an accused demands that defense counsel call witnesses to present perjured alibi testimony. The court of appeals also held that, under such circumstances, the trial court must grant defense counsel's motion to withdraw. We reverse and remand to the...

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