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PEOPLE v. QUINTANA

No. 80SA351.

634 P.2d 413 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael Albert QUINTANA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 14, 1981.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., David H. Zook, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Larry J. Rodriguez, Colorado Springs, for defendant-appellee.

QUINN, Justice.

Pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl. Vol. 8), the People appeal the trial court's dismissal of habitual criminal charges after a jury, in the first phase of a statutory bifurcated trial under the habitual criminal statute, section 16-13-101 et seq., C.R.S.1973 (1978 Rep. Vol. 8), had returned a verdict of guilty to the substantive crime of second degree burglary of a building, section 18-4-203, C.R.S.1973 (1978 Repl. Vol. 8...

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