SANDOVAL v. FARISH

No. 82SA330.

675 P.2d 300 (1984)

John SANDOVAL, Petitioner-Appellant, v. Eugene L. FARISH, District Attorney, 12th Judicial District, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

January 16, 1984.


Attorney(s) appearing for the Case

Valdez & Valdez, Felix D. Valdez, La Jara, for petitioner-appellant.

Eugene L. Farish, pro se.

Raymond T. Slaughter, Englewood, for Colorado Dist. Attys. Council, amicus curiae.


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:

"The judge...

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