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PEOPLE EX REL. VanMEVEREN v. DISTRICT COURT

No. 81SA529.

643 P.2d 37 (1982)

The PEOPLE of the State of Colorado ex rel. Stuart A. VanMEVEREN, District Attorney, Eighth Judicial District of Colorado, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF LARIMER, State of Colorado, and the Honorable John A. Price, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

April 5, 1982.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Fort Collins, for petitioner.

J. Gregory Walta, Colorado State Public Defender, James S. Dostal, Steven R. Gayle, Deputy State Public Defenders, Denver, for respondents.

PER CURIAM.

In this original proceeding the People invoke our original jurisdiction under C.A.R. 21 and seek an order directing the respondent court to reinstate two habitual criminal counts which it dismissed prior to an upcoming trial. The court ruled that in order to qualify as a predicate offense for purposes of the habitual criminal statute, section 16-13-101 et seq., C.R.S.1973 (1978 Repl.Vol. 8), the second prior...

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