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PEOPLE v. DISTRICT COURT

No. 91SA329.

834 P.2d 181 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT, Seventeenth Judicial District, and one of the judges thereof, The Honorable Philip F. Roan, Respondents. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Allen THOMAS, Jr., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 24, 1992.

Attorney(s) appearing for the Case

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

David F. Vela, Public Defender, Terri L. Brake, Chief Deputy Public Defender, Denver, for Allen Thomas, Jr.

Gale A. Norton, Denver, for amicus curiae Office of the Attorney General.

Bonnie Wright-Benedetti, Englewood, for amicus curiae Colorado Dist. Attys.' Council.

Chief Justice ROVIRA delivered the Opinion of the Court with respect to Parts II and IV. Justice ERICKSON specially concurred as to Part II. Justice KIRSHBAUM and Justice VOLLACK filed dissents as to Part II.

Chief Justice ROVIRA announced the Judgment of the Court and delivered an Opinion with respect to Part III, in which Justice VOLLACK joined. Justice ERICKSON filed a specially concurring opinion as to Part III. Justice...

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