Miller v. District Court in & for the Nineteenth Judicial District

DUBOFSKY, Justice.

In this original proceeding, we issued a rule to show cause why the respondent Weld County District Court’s order dismissing an information charging the defendant, James Penich, with felony theft, section 18-4-401, C.R.S.1973 (1978 Repl. Vol. 8) should not be vacated.1 The district court *967dismissed the information at the conclusion of the preliminary hearing because it determined that the prosecution had not established probable cause to believe that the defendant committed the crime of theft. We disagree and make the rule absolute.

The defendant met with Wesley Box, the owner…