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PEOPLE v. SABELL

No. 84SA105.

708 P.2d 463 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Samuel Edward SABELL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 21, 1985.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Seventeenth Judicial Dist., Steven L. Bernard, Chief Trial Deputy Dist. Atty., Emil A. Rinaldi, Deputy Dist. Atty., Brighton, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Saskia A. Stephenson, Deputy State Public Defender, Brighton, for defendant-appellee.

DUBOFSKY, Justice.

The People of the State of Colorado appeal the denial by the Adams County District Court of their motion to file a direct information under Crim.P. 7(c)(2). The district court, in denying a direct filing, in effect upheld a ruling by the county court that the People had failed to show probable cause at the preliminary hearing that the defendant, Samuel Edward Sabell, had committed assault in the second degree, § 18-3-203(1)(b), 8 C.R.S. (1973...

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