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PEOPLE v. PEREZ

No. 08SA130.

201 P.3d 1220 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Alejandro PEREZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 23, 2009.

Attorney(s) appearing for the Case

Carol Chambers, District Attorney, Eighteenth Judicial District, Paul R. Wolff, Chief Deputy District Attorney, Centennial, Colorado, Attorneys for Plaintiff-Appellant.

Killmer, Lane & Newman LLP, David A. Lane, James A. Castle, Judy L. Lucero, Denver, Colorado, Attorneys for Defendant-Appellee.

Ted C. Tow, III, Executive Director, Denver, Colorado, Attorney for Amicus Curiae Colorado District Attorney's Council.

John W. Suthers, Attorney General, Paul Koehler, First Assistant Attorney General, Denver, Colorado, Attorneys for Amicus Curiae Colorado Attorney General.

Sandy Mullins, Executive Director, M. Ann England, Denver, Colorado, Attorneys for Amicus Curiae Colorado Criminal Defense Bar.

Justice EID delivered the Opinion of the Court.

In this interlocutory appeal, we review the trial court's order disqualifying the Office of the District Attorney for the Eighteenth Judicial District from prosecuting defendant Alejandro Perez. The District Attorney sought the death penalty against Perez, an inmate at the Limon Correctional Facility, stemming from his alleged involvement in the murder of another inmate, Jeffrey Heird. The trial court disqualified the...

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