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PEOPLE v. ZAPOTOCKY

No. 93SA80.

869 P.2d 1234 (1994)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael Paul ZAPOTOCKY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 14, 1994.

Attorney(s) appearing for the Case

John W. Suthers, Dist. Atty., Fourth Judicial Dist., Colorado Springs, for plaintiff-appellant.

David F. Vela, State Public Defender, Karen M. Gerash, Deputy State Public Defender, Denver, for defendant-appellee.

Justice MULLARKEY delivered the Opinion of the Court.

This appeal is brought by the People of the State of Colorado from a finding by the trial court that section 16-8-114.5(2), 8A C.R.S. (1993 Supp.), pertaining to the termination of criminal proceedings against an incompetent defendant, is unconstitutional on its face and as applied to the defendant-appellee, Michael Paul Zapotocky.1 Finding...

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