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PEOPLE v. MURPHY

No. 25458.

515 P.2d 107 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Kenneth Vernon MURPHY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 23, 1973.

Attorney(s) appearing for the Case

Alexander M. Hunter, Jr., Stanley F. Johnson, Dist. Attys., Robert M. Jenkins, Chief Deputy Dist. Atty., Michael H. Bynum, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Denver, William R. Gray, Lee Allen Hawke, Douglas H. Brown, Timothy S. Borden, Deputy State Public Defenders, Boulder, for defendant-appellee.

HODGES, Justice.

This is an appeal by the district attorney who challenges the trial court's dismissal of burglary and theft charges against defendant Murphy. The basis for dismissal was the trial court's finding that the trial of the defendant was delayed for more than one year and that Crim.P. 48(b) thus required dismissal.

In pertinent part, Crim.P. 48(b) provides:

". . . If the trial of a defendant is delayed more than one year after the trial...

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