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  5. 785 P.2d 129 (1990)
 

PEOPLE IN INTEREST OF D.J.P.

No. 88SA185.

785 P.2d 129 (1990)

The PEOPLE of the State of Colorado, Petitioner-Appellant, In the Interest of D.J.P., a Child, Appellee, and Concerning, B.A.M., Respondent-Appellee.

Supreme Court of Colorado, En Banc.

January 16, 1990.

Attorney(s) appearing for the Case

James P. Smith, Dist. Atty., and Michael J. Milne, Deputy Dist. Atty., Brighton, for petitioner-appellant.

Jeffrey L. Romeo, Northglenn, for appellee.

No appearance for respondent-appellee.

Justice ERICKSON delivered the Opinion of the Court.

Pursuant to section 19-2-602(2), 8B C.R.S. (1989 Supp.), the prosecution appealed the trial court's order denying a motion to refile a delinquency petition against D.J.P.1 As grounds for refiling, the prosecution asserted that the trial court abused its discretion in denying its request for a continuance of a preliminary hearing and then dismissing the petition. Since the trial court...

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