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MARTINEZ v. KIRBENS

No. 83CA1357.

710 P.2d 1138 (1985)

Anthony MARTINEZ, Petitioner-Appellee, v. The Honorable Samuel M. KIRBENS, one of the judges of the County Court, City and County of Denver, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 11, 1985.

Certiorari Granted December 16, 1985.

Attorney(s) appearing for the Case

David F. Vela, Colo. State Public Defender, Claudia Jordan, Deputy State Public Defender, Denver, for petitioner-appellee.

Stephen H. Kaplan, City Atty., David E. Ramirez, Howard E. Willner, Lee G. Rallis, Charles H. Torres, Asst. City Attys., Denver, for respondent-appellant.

SMITH, Judge.

In this C.R.C.P. 106, case the Denver County Court and Judge Samuel M. Kirbens, one of the judges thereof, appeal from a judgment of the district court determining that the county court was without jurisdiction to revoke probation and reinstate a sentence where the probation imposed was for a longer period than the maximum jail sentence that could have been imposed for the municipal ordinance violation of which petitioner, Anthony Martinez, was convicted...

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