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PEOPLE v. DISTRICT COURT IN AND FOR THE FIRST JUDICIAL DISTRICT, JEFFERSON COUNTY

No. 92SA179.

843 P.2d 15 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. DISTRICT COURT IN AND FOR THE FIRST JUDICIAL DISTRICT, JEFFERSON COUNTY, Colorado, and the Honorable William P. DeMoulin, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

October 13, 1992.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., and Donna Skinner Reed, Chief Appellate Deputy Dist. Atty., Golden, for petitioner.

Lozow, Lozow and Elliott, Charles W. Elliott, Denver, for defendant Thomas Perez.

Justice VOLLACK delivered the Opinion of the Court.

At the request of the People of the State of Colorado (the People), this court issued a rule to show cause why this court should not issue a Writ of Mandamus requiring respondent district court to empanel a jury in People v. Perez, No. 91CR1975. The People contend that the district court grossly abused its discretion in acknowledging the defendant's, Thomas Perez (Perez), waiver of trial by jury. Pursuant...

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