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PEOPLE EX REL. FAULK v. DISTRICT COURT

No. 83SA386.

673 P.2d 998 (1983)

The PEOPLE of the State of Colorado, ex rel. Dennis E. FAULK, District Attorney In and For the Eleventh Judicial District of Colorado, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF FREMONT, and the Honorable John Anderson, One of the Judges Thereof, Respondent.

Supreme Court of Colorado, En Banc.

December 5, 1983.

Attorney(s) appearing for the Case

Dennis E. Faulk, Dist. Atty., Steven B. Rich, Deputy Dist. Atty., Fairplay, for petitioner.

David F. Vela, Colorado State Public Defender, Philip L. Dubois, Deputy State Public Defender, Salida, for Jack Clark.

John Anderson, pro se.

ROVIRA, Justice.

The respondent court held section 16-13-103, C.R.S.1973 (1982 Supp.), a part of the Colorado habitual-criminal statute, unconstitutional and dismissed four habitual-criminal counts against the defendant, Jack Clark. The People brought this original proceeding under C.A.R. 21, requesting that we issue a rule to show cause why the respondent court should not be ordered to reinstate the habitual-criminal counts...

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