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PEOPLE EX REL. IUPPA v. EL PASO CTY. DIST. CT.

No. 86SA344.

731 P.2d 723 (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 Honorable Bernard R. Baker, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

January 20, 1987.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Jeanne S. Bennett, Chief Deputy Dist. Atty., Colorado Springs, for petitioner.

Ranson, Thomas & Yukawa, Colorado Springs, for respondents.

VOLLACK, Justice.

We issued a rule to show cause to determine whether the district court of El Paso County acted without and in excess of jurisdiction when it granted a motion for new trial in People v. Jennings, No. 86CR715. We now make that rule absolute.

I.

The defendant was charged with second degree burglary and robbery of the elderly, occurring on March 19, 1986. The defendant was also charged in a second case with aggravated robbery...

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