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PEOPLE v. WIEDEMER

No. 25225.

504 P.2d 667 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary WIEDEMER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

December 26, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Sara Duncan, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.

HODGES, Justice.

Defendant Wiedemer, while an inmate at the Colorado State Penitentiary, was charged with burglary of the institution's pre-parole center and theft of $1,724 from the safe located therein. Shortly after the burglary and theft, the penitentiary officials transferred the defendant into a maximum security cell house while an investigation was conducted to determine if charges would be filed. After charges were filed, the defendant moved to dismiss them...

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