PEOPLE v. DULEFF

No. 25532.

515 P.2d 1239 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kim LeRoy DULEFF, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 19, 1973.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Jack E. Hanthorn, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Kenneth J. Russell, Mary G. Allen, Deputy State Public Defenders, Denver, for defendant-appellant.


ERICKSON, Justice.

The defendant, Kim LeRoy Duleff, was charged and convicted of the crimes of unlawfully cultivating marijuana without first obtaining a license (C.R.S.1963, 48-5-3), and of possession of marijuana (C. R.S.1963, 48-5-2). Trial was to the court after the defendant waived his right to a jury. The defendant contends that both convictions must be reversed, but each for different reasons. He argues that the finding of guilt for possession of marijuana...

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