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PEOPLE v. WITTY

No. 99CA0360.

36 P.3d 69 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Michael WITTY, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing February 1, 2001.

Certiorari Pending as of March 20, 2001 (01SC167).

Attorney(s) appearing for the Case

Jeanne M. Smith, District Attorney, David H. Zook, Chief Deputy District Attorney, Colorado Springs, CO; Ken Salazar, Attorney General, John J. Krause, First Assistant Attorney General, Denver, CO, for Plaintiff-Appellant and Cross-Appellee.

David S. Kaplan, Colorado State Public Defender, Dana Nichols, Deputy State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, CO, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge STERNBERG.*

The Fourth Judicial District Attorney (District Attorney) challenges on appeal the disqualification of her office and the appointment of a special prosecutor in a criminal action against defendant, Michael Witty. In that action, defendant entered a guilty plea to the charge of felony theft, but with the District Attorney's consent, specifically reserved the right to appeal, as he does now on cross-appeal, on...

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