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ROYBAL v. PEOPLE

No. 24699.

496 P.2d 1019 (1972)

Pedro ROYBAL, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

May 15, 1972.

Attorney(s) appearing for the Case

Mellman & Mellman, Gerald N. Mellman, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Robert L. Hoecker, Asst. Atty. Gen., Denver, for defendant in error.

LEE, Justice.

Pedro Roybal was convicted in the Denver District Court of the crime of attempted burglary in violation of 1967 Perm.Supp., C.R.S.1963, 40-25-1, and sentenced to the Colorado State Penitentiary. He challenges the validity of the conviction, asserting prejudicial error was committed by the trial court. We agree, and reverse the judgment of conviction.

The undisputed record of events giving rise to the charges against Roybal show that at approximately...

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