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PEOPLE v. COCA

No. 91SA396.

829 P.2d 385 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Frank COCA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

May 11, 1992.

Attorney(s) appearing for the Case

Jon Neil Barclay, Dist. Atty., Third Judicial Dist., Trinidad, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Denver, Cynthia Mares, Deputy State Public Defender, La Junta, for defendant-appellee.

Justice ERICKSON delivered the Opinion of the Court.

This is an interlocutory appeal from an order suppressing evidence seized in an investigatory stop. The defendant, Frank Coca, filed a motion to suppress the evidence seized as a result of the investigatory stop and the trial court granted the motion. We affirm the trial court.

After dark, at approximately 6:00 p.m., on November 10, 1990, the defendant was driving a Toyota pickup truck in a remote area near...

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