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PEOPLE v. JANOUSEK

No. 93SA151.

871 P.2d 1189 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard A. JANOUSEK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 4, 1994.

Attorney(s) appearing for the Case

Peter F. Michaelson, Dist. Atty., Fifth Judicial Dist., Timothy A. Meinert, Chief Deputy Dist. Atty., Tamara Barkdoll, Deputy Dist. Atty., Eagle, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Barbara A. Zollars, Deputy State Public Defender, Silverthorne, for defendant-appellee.

Justice VOLLACK delivered the Opinion of the Court.

This appeal was taken by the prosecution to review the Eagle County District Court's order finding section 18-8-306, 8B C.R.S. (1986),1 unconstitutionally vague and overbroad on its face under the state and federal constitutions,2 and its dismissal of the charge against the defendant, Richard Janousek.3 We hold that the statute...

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