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PEOPLE v. PENA

No. 08CA0200.

250 P.3d 592 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert PENA, Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

As Modified on Denial of Rehearing February 18, 2010.

Attorney(s) appearing for the Case

John R. Newsome , District Attorney, Doyle Baker , Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson , Colorado State Public Defender, Alan Kratz , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge HAWTHORNE.

Pursuant to section 16-12-102(1), C.R.S. 2009, and C.A.R. 4(b)(2), the People appeal the trial court's order dismissing the class six felony charge of driving after revocation prohibited against defendant, Robert Pena, because defendant did not receive a timely preliminary hearing. We reverse the order and remand for the trial court to reinstate the charge.

I. Facts and Procedural Background...

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