People v. Nichelson

I. Introduction

In this original proceeding, we issued a rule to show cause under C.A.R. 21 to ascertain whether the district court erred when it determined that it lacked the authority to restore defendant Johnathan Nichelson's preliminary hearing. Nichelson initially waived his right to a preliminary hearing in consideration of a plea offer; however, he argues that due to miscommunication between his attorney and the district attorney, the plea offer Nichelson believed that he was accepting was different than what the district attorney intended to offer. Nichelson states that, once he became…