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MILLER v. DISTRICT COURT IN AND FOR, ETC.

No. 81SA445.

641 P.2d 966 (1982)

Robert N. MILLER, District Attorney, Nineteenth Judicial District, Weld County, Colorado, Petitioner, v. DISTRICT COURT In and For the NINETEENTH JUDICIAL DISTRICT, State of Colorado, and the Honorable Jonathan W. Hays, District Judge In and For the Nineteenth Judicial District, State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

March 8, 1982.

Attorney(s) appearing for the Case

Robert N. Miller, Dist. Atty., William G. Pharo, Deputy Dist. Atty., Nineteenth Judicial Dist., Greeley, for petitioner.

John A. Dicke, Denver, for respondents.

DUBOFSKY, Justice.

In this original proceeding, we issued a rule to show cause why the respondent Weld County District Court's order dismissing an information charging the defendant, James Penich, with felony theft, section 18-4-401, C.R.S.1973 (1978 Repl. Vol. 8) should not be vacated.1 The district court dismissed the information at the conclusion of the preliminary hearing because it determined...

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