People ex rel. Gallagher v. Arapahoe County Court

KELLY, Chief Judge.

The Arapahoe County Court and County Court Judge Marguerite T. Langstaff (the County Court) appeal the judgment and order of the district court in a C.R.C.P. 106(a)(4) proceeding reinstating an assault charge dismissed by the County Court after a preliminary hearing upon a finding of no probable cause. The County Court contends that the district court was without jurisdiction under C.R.C.P. 106 to review the County Court’s probable cause determination. We agree, and, therefore, reverse.

Defendant Jack Ruppert was charged in county court with third degree assault, a class 1…