People v. District Court of Colorado's Seventeenth Judicial District

At the request of the People of the State of Colorado (the People), this court issued a rule to show cause why this court should not issue a Writ of Mandamus requiring respondent district court to empanel a jury in People v. Bath, No. 91CR1660, and in People v. Giardina, No. 91CR1658. The People assert that the defendants must first obtain the People’s consent before waiving their right to trial by jury pursuant to section 16-10-101, 8A C.R.S. (1992 Supp.). The People also assert that section 16-10-101 is constitutional. We conclude that the prosecution cannot compel trial by jury where an…