People ex rel. Iuppa v. District Court of El Paso County

VOLLACK, Justice.

We issued a rule to show cause to determine whether the district court of El Paso County acted without and in excess of jurisdiction when it granted a motion for new trial in People v. Jennings, No. 86CR715. We now make that rule absolute.

I

The defendant was charged with second degree burglary and robbery of the elderly, occurring on March 19, 1986. The defendant was also charged in a second case with aggravated robbery of the same victim, *724occurring on March 2, 1986.1 Both cases were joined for jury trial, which commenced on June 3, 1986. On June 5, 1986, the jury returned a…