PEOPLE EX REL. GALLAGHER v. DISTRICT COURT

No. 96SA294.

933 P.2d 583 (1997)

The PEOPLE of the State of Colorado ex rel. Robert R. GALLAGHER, Jr., District Attorney In and For the EIGHTEENTH JUDICIAL DISTRICT, Petitioner, v. The DISTRICT COURT In and For the COUNTY OF ARAPAHOE, State of Colorado, and the Honorable Jack F. Smith, One of the Judges Thereof, Respondents.

Supreme Court of Colorado, En Banc.

February 24, 1997.


Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., District Attorney, Eighteenth Judicial District, John Jordan, Senior Chief Deputy District Attorney, William Hood, Deputy District Attorney, Englewood, for Petitioner.

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Maurice G. Knaizer, Deputy Attorney General, State Services Section, Denver, for Respondents.


Justice MULLARKEY delivered the Opinion of the Court.

The People filed this original proceeding pursuant to C.A.R. 21 seeking an order directing the district court to try the case of People v. Jesus Martinez, Arapahoe County Criminal Action No. 96CR2425, before expiration of the defendant's speedy trial time as required by section 18-1-405, 8B C.R.S. (1986 & 1996 Supp.), and Crim. P. 48(b)(1). Approximately two months before the speedy trial time was to...

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