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PEOPLE v. DISTRICT COURT OF 11TH JUD. DIST.

No. 98SA38.

964 P.2d 498 (1998)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT OF the 11th JUDICIAL DISTRICT, and Julie Marshall, one of the judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

June 22, 1998.

Attorney(s) appearing for the Case

Edward J. Rodgers, District Attorney, Eleventh Judicial District, Norman C. Cooling, Deputy District Attorney, Cañnon City, for Petitioner.

David F. Vela, Colorado State Public Defender, Frances Smylie Brown, Chief Deputy Public Defender, Denver, for Respondents.

Justice SCOTT delivered the Opinion of the Court.

In this appeal pursuant to C.A.R. 21, we are called upon to review an order of the District Court of the Eleventh Judicial District (trial court). After a preliminary hearing, the trial court dismissed one of several charges against a Department of Corrections (DOC) inmate, William Houchin.1 We hold that: (1) the trial court's decision, resolving the legal issue of whether there is a distinction...

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