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CHAVEZ v. DIST. COURT FOR 17TH JUDICIAL DIST.

No. 82SA204.

648 P.2d 658 (1982)

Max Henry CHAVEZ, Petitioner, v. DISTRICT COURT For the 17TH JUDICIAL DISTRICT, Honorable Dorothy Binder, one of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

July 26, 1982.

Attorney(s) appearing for the Case

Graham & Graham, David Graham, Denver, for petitioner.

Paul Q. Beacom, Dist. Atty., Steven L. Bernard, Chief Trial Deputy Dist. Atty., Brighton, for respondents.

DUBOFSKY, Justice.

The defendant, Max Henry Chavez, seeks a writ in the nature of prohibition under C.A.R. 21 requiring the Adams County District Court to deny leave to the People to file a direct information against him under Crim.P. 7(c). We issued a rule to show cause why the requested relief should not be granted. We now determine that the district court acted in excess of its jurisdiction and make the rule absolute.

On November 2, 1981, the defendant...

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