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PEOPLE v. DISTRICT COURT IN & FOR DENVER

No. 88SA121.

767 P.2d 239 (1989)

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 the Honorable Warren O. Martin, one of the Judges Thereof, Respondents, and Calvin Preston, Intervenor.

Supreme Court of Colorado, En Banc.

January 17, 1989.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Nathan B. Coats, Chief Deputy Dist. Atty., Denver, for petitioner.

David F. Vela, State Public Defender, John C. Ventura, Deputy State Public Defender, Denver, for respondents.

ERICKSON, Justice, delivered the Opinion of the Court.

A petition for a writ of prohibition was filed pursuant to C.A.R. 21 after the trial judge declared a mistrial, disqualified the deputy district attorney prosecuting the multi-count felony charges, and directed an assistant to proceed with the prosecution and retrial of the case. We issued a rule to show cause and now make the rule absolute.

The defendant, Calvin E. Preston, was charged in a multi-count...

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