PEOPLE v. DIST. COURT OF EL PASO COUNTY

No. 86SA149.

731 P.2d 720 (1987)

The PEOPLE of the State of Colorado, ex rel. Barney IUPPA, District Attorney, Petitioner, v. The DISTRICT COURT OF EL PASO COUNTY, Colorado, and the Honorable Steven T. Pelican, one of the Judges thereof, in re: People v. Kenneth Murriel, 85CR1540, Respondents.

Supreme Court of Colorado, En Banc.

January 20, 1987.


Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Robert M. Brown, Chief Deputy Dist. Atty., Criminal Div., Colorado Springs, for petitioner.

David F. Vela, Colorado State Public Defender, Paul R. Bratfisch, Deputy State Public Defender, Colorado Springs, for respondents.


DUBOFSKY, Justice.

In this original proceeding the People challenge a decision of the El Paso County District Court to permit a defendant in a prosecution for second degree murder to waive a jury trial on the issue of sanity without the consent of the district attorney. We issued an order to show cause to the respondent district court and now make the rule absolute.

On August 13, 1985, an indictment was filed in the El Paso County District Court charging the...

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