Brown v. DISTRICT COURT, ETC.

In this original proceeding, the district attorney seeks relief in the nature of prohibition against an order of the respondent district court. We ordered respondent district court to show cause why its order granting defendant Gary Lee Swingle a preliminary hearing, on a count seeking a mandatory sentence for violent crime, should not be quashed. The respondent has answered. We hold that this defendant is not entitled to a preliminary hearing on this count. Therefore, we make the rule absolute.

Defendant Swingle was first charged with aggravated robbery, in violation of section 18-4-302,…