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PEOPLE v. DISTRICT COURT

No. 97SA337.

953 P.2d 184 (1998)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT, CITY AND COUNTY OF DENVER; and one of the Judges thereof, Honorable Morris Ben Hoffman, Respondents.

Supreme Court of Colorado, En Banc.

January 20, 1998.

Attorney(s) appearing for the Case

A. William Ritter, Jr., District Attorney, Second Judicial District, Henry R. Reeve, Deputy District Attorney, Denver, for Petitioner.

David F. Vela, Colorado State Public Defender, Richard L. Davis, Deputy State Public Defender, Denver, for Defendant Edward Finley.

Justice MULLARKEY delivered the Opinion of the Court.

The People filed this original proceeding pursuant to C.A.R. 21 seeking a writ in the nature of mandamus and prohibition compelling the respondent, the Denver District Court, (the respondent court), to proceed with a jury trial in People v. Edward Finley, No. 97CR202. We issued a rule to show cause why the respondent court's August 19, 1997 order requiring a bench trial should not be vacated. We now hold...

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