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WIEGAND v. LARIMER CO. COURT MAGISTRATE

No. 96CA0241.

937 P.2d 880 (1996)

Gerhard WIEGAND, Petitioner-Appellant, v. COUNTY COURT MAGISTRATE IN AND FOR the COUNTY OF LARIMER, Janet L. Rodriguez, Honorable County Court Magistrate, Honorable Ronald L. Schultz, Judge and Honorable John E. Kochenburger, Judge, Respondents-Appellees.

Colorado Court of Appeals, Div. IV.

Rehearing Denied December 5, 1996.

Certiorari Denied May 27, 1997.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Andrew A. Saliman, Deputy State Public Defender, Denver, for Petitioner-Appellant.

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Maurice G. Knaizer, Assistant Attorney General, Denver, for Respondents-Appellees.

Opinion by Judge NEY.

In this C.R.C.P. 106(a)(2) mandamus action, petitioner, Gerhard Wiegand, appeals from the district court judgment rejecting his challenge to the validity of an internal policy that prohibited a county court magistrate in the underlying criminal proceedings before the Larimer County Court from considering his motion for bond reduction. As did the district court, we conclude that the county court magistrate's authority over such matters was validly...

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