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PEOPLE v. DISTRICT COURT

No. 84SA498.

711 P.2d 666 (1985)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT In and For the CITY AND COUNTY OF DENVER, State of Colorado, and J. Stephen Phillips, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 13, 1986.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Denver, William Henry Kain, III, Asst. Dist. Atty., Jane E. Westbrook, Chief Deputy Dist. Atty., Grand Junction, for petitioner.

No appearance for respondents.

David F. Vela, Colo. State Public Defender, Michael J. Heher, Deputy State Public Defender Denver, for James Alvey Drake, intervenor.

QUINN, Chief Justice.

The People in this original proceeding seek relief in the nature of mandamus in connection with the respondent court's refusal to impose a life sentence on the defendant, James Alvey Drake, for habitual criminality pursuant to section 16-13-101(2), of the Habitual Criminal Act, §§ 16-13-101 to -103, 8 C.R.S. (1985 Supp.). Because the jury returned a not guilty verdict to the principal charge of murder in the first degree but a guilty...

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