People in Interest of DJP

Pursuant to section 19-2-602(2), 8B C.R.S. (1989 Supp.), the prosecution appealed the trial court’s order denying a motion to refile a delinquency petition against D.J.P. 1 As grounds for refiling, the prosecution asserted that the trial court abused its discretion in denying its request for a continuance of a preliminary hearing and then dismissing the petition. Since the trial court did not abuse its discretion, we affirm.

On November 23, 1987, the prosecution filed a delinquency petition against D.J.P. alleging two counts that would constitute felonies if committed by an adult, along with…