People Ex Rel. Leidner v. DISTRICT COURT IN AND FOR the COUNTY OF GARFIELD

The Garfield County district attorney filed this original proceeding seeking a writ in the nature of mandamus under C.A.R. 21. We issued a rule to show cause why the respondent district court should not be ordered to reinstate two counts of felony theft against the defendant in the underlying criminal case. The district court, after a preliminary hearing, had dismissed those charges for lack of probable cause. We conclude that the district judge did not abuse his discretion or act beyond his jurisdiction 1 and, therefore, we discharge the rule.

The defendant was office manager and bookkeeper…