Smith v. District Court for the Fourth Judicial District, State of Colorado, Division 6

ROVIRA, Justice.

This case is an original proceeding brought pursuant to C.A.R. 21. We issued a rule to determine whether the trial court abused its discretion or exceeded its jurisdiction when it denied the motion of the petitioner, Rexford Michael Smith, that the respondent judge disqualify himself from conducting a sentencing hearing because of alleged prejudice against the petitioner. Having concluded that the motion to disqualify is legally insufficient, we now discharge the rule.

The petitioner’s verified motion to disqualify the judge was premised on section 16-6-201(l)(d), C.R.S.1973…