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PEOPLE v. DIST. CT., IN & FOR 17TH JUD. DIST.

No. 83SA52.

663 P.2d 616 (1983)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT, In and For the SEVENTEENTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Philip F. Roan, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 31, 1983.

Attorney(s) appearing for the Case

Paul Q. Beacom, Dist. Atty., Steven L. Bernard, Chief Trial Deputy, Brighton, for petitioner.

David F. Vela, Colo. State Public Defender, Linda Hotes, Deputy State Public Defender, Denver, for respondents.

QUINN, Justice.

The People in this original proceeding seek an order directing the respondent court to reinstate the charge of sexual assault in the first degree against Lawrence Winston Conley, a defendant in an upcoming trial pending in the respondent court. Conley had been found guilty of this offense in a jury trial, but the respondent court granted his motion for a new trial and thereafter dismissed the charge of sexual assault in the first degree. In dismissing...

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