Hunter v. District Court

This is an original proceeding seeking relief in the nature of mandamus or prohibition pursuant to C.A.R. 21. We issued a rule to show cause. We now discharge the rule as being improvidently granted.

C.A.R. 21 may be utilized where the district court is proceeding without jurisdiction or in excess of its jurisdiction. The issues which are now framed in this court hinge upon the asserted error of the trial judge in consolidating into one count seven counts of theft originally set forth in the criminal information. The consolidation occurred as a result of a defense motion which asserted that…