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PEOPLE v. DISTRICT COURT

No. 91SA312.

834 P.2d 242 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT, City and County of Denver, and one of the judges thereof, The Honorable Robert P. Fullerton, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 24, 1992.

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, Public Defender, David D. Wymore, Chief Deputy Public Defender, Michael J. Heher, Sun Wolf, Deputy Public Defenders, Denver, for Kevin Fears.

Holland, Seelen & Pagliuca, Jeffrey S. Pagliuca, Pozner, Hutt, Gilman, Kaplan, P.C., David Kaplan, Denver, for Roger Young.

Montano & Encinas, P.C., Duane Montano, Denver, Arthur S. Nieto, Lakewood, for Joseph Young.

Gale A. Norton, Denver, for amicus curiae Office of the Atty. Gen.

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

Chief Justice ROVIRA delivered the Opinion of the Court.

This original proceeding pursuant to C.A.R. 21 arises as a direct consequence of our holding that the death penalty statute as amended in 1988, section 16-11-103, 8A C.R.S. (1988 Supp.), was facially unconstitutional because it eliminated the fourth step from jury deliberations during the sentencing phase following conviction for a class 1 felony. See People v. Young, 814 P.2d 834

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