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PEOPLE v. NICHELSON

No. 09SA182.

219 P.3d 1064 (2009)

In re PEOPLE of the State of Colorado, Plaintiff v. Johnathan NICHELSON, Defendant.

Supreme Court of Colorado, En Banc.

November 9, 2009.

Attorney(s) appearing for the Case

Don Quick, District Attorney, Rhoda Pilmer, Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff.

Douglas K. Wilson, Public Defender, Emily Lieberman, Deputy Public Defender, Brighton, Colorado, Attorneys for Defendant.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

In this original proceeding, we issued a rule to show cause under C.A.R. 21 to ascertain whether the district court erred when it determined that it lacked the authority to restore defendant Johnathan Nichelson's preliminary hearing. Nichelson initially waived his right to a preliminary hearing in consideration of a plea offer; however, he argues that due to miscommunication between his...

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