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PEOPLE v. LICHTENSTEIN

No. 80SA564.

630 P.2d 70 (1981)

The PEOPLE of the State of Colorado, Petitioner, v. Honorable Alvin D. LICHTENSTEIN, District Judge, and the District Court in and for the Second Judicial District of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 11, 1981.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

J. Gregory Walta, Colorado State Public Defender, James England, Deputy State Public Defender, Denver, for respondents.

ROVIRA, Justice.

This original proceeding was commenced after the respondent district court denied a motion by the People to dismiss one of three counts against the defendant, Scott D. Ferguson. The People then filed a petition for relief in the nature of prohibition and for an immediate stay of proceedings, asking this court to reverse the district court's denial of dismissal. We issued a rule to show cause and now make the rule absolute.

The defendant was...

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