PEOPLE v. DISTRICT COURT

No. 90SA402.

803 P.2d 193 (1990)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF COLORADO'S SEVENTEENTH JUDICIAL DISTRICT and One of its Judges, the Honorable Philip F. Roan, Respondents.

Supreme Court of Colorado, En Banc.

December 17, 1990.


Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Seventeenth Judicial Dist. Steven L. Bernard, Chief Trial Deputy, Brighton, for petitioner.

Vitek & Doniger, P.C., Anne M. Vitek, Jeffrey D. Doniger, Denver, for defendant Vivian Cloud.


Justice VOLLACK delivered the Opinion of the Court.

The People petition this court under C.A.R. 211 for a rule to show cause why the trial court should not be required to reinstate the original class 2 felony child abuse count against defendant, Vivian M. Cloud (the defendant). We now make the rule absolute.

I.

On May 4, 1990, the defendant was charged with a class 2 felony for child abuse resulting in death, in violation...

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