ERICKSON, Chief Justice.
The Conejos County District Court dismissed John Sandoval's petition for relief in the nature of mandamus pursuant to C.R.C.P. 106 and section 16-5-209, C.R.S. 1973 (1978 Repl.Vol. 8). On appeal, Sandoval asserts that a crime was committed and that the district court erred in not compelling the district attorney to prosecute under section 16-5-209. We affirm the district court.
Section 16-5-209 provides in part:
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