Herrmann v. District Court

This is an original proceeding in mandamus. The district attorney for the First Judicial District contends that the judge of the district court exceeded his jurisdiction when he suspended an indeterminate sentence which was not to exceed ten years in the Colorado State Penitentiary and placed the defendant on probation. Colo. Sess. Laws 1972, ch. 44, 39-11-201(2). We issued a rule to show cause and now make the rule absolute.

The defendant, George Michael Moya, was charged in an information with the crimes of rape (1971 Perm. Supp., C.R.S. 1963, 40-3-401), deviate sexual intercourse (1971…