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PEOPLE v. DIST. COURT OF EL PASO COUNTY

No. 87SA493.

761 P.2d 206 (1988)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF EL PASO COUNTY, Colorado, and Honorable Matt Railey, one of the Judges thereof, Respondent.

Supreme Court of Colorado, En Banc.

September 12, 1988.

Attorney(s) appearing for the Case

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

Roland P. Zingale, Colorado Springs, for respondent.

H. Patrick Furman, Denver, for amicus curiae Colorado Criminal Defense Bar.

Hilary Holland, Westminster, for amicus curiae American Civ. Liberties Union.

David Miller, Denver, Staff Counsel for amicus curiae American Civ. Liberties Union.

ROVIRA, Justice.

In this original proceeding under C.A.R. 21, the People seek an order compelling the respondent district court to vacate its order dismissing criminal charges against Shawnda Whitted. We issued a rule to show cause and now make the rule absolute.

I.

On July 27, 1987, a grand jury sitting in El Paso County returned an indictment charging Whitted with one count of conspiracy to distribute a schedule II controlled

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