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KIRBENS v. MARTINEZ

No. 85SC305.

742 P.2d 330 (1987)

The Honorable Samuel M. KIRBENS, one of the Judges of the County Court, City and County of Denver, Petitioner, v. Anthony MARTINEZ, Respondent.

Supreme Court of Colorado, En Banc.

September 8, 1987.

Attorney(s) appearing for the Case

Stephen H. Kaplan, City Atty., Mark R. Muller, Asst. City Atty., Florence J. Phillips, Counsel for the City of Denver, Colo., for petitioner.

David F. Vela, Colorado State Public Defender, Claudia J. Jordan, Virginia L. Grady, Deputy State Public Defenders, Denver, for respondent.

Joseph N. de Raismes, City Atty., Walter W. Fricke, Asst. City Atty., Boulder, for amicus curiae, City of Boulder.

ROVIRA, Justice.

We granted certiorari to review a decision of the court of appeals affirming the Denver District Court's invalidation of a jail sentence imposed by the petitioner, the Honorable Samuel Kirbens, one of the judges of the County Court of the City and County of Denver, on the respondent, Anthony Martinez, for violation of a Denver ordinance. The court of appeals held that the sentence was invalid because the petitioner reinstated the suspended jail sentence...

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