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PEOPLE v. VELASQUEZ

No. 25038.

497 P.2d 12 (1972)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Pete Joseph VELASQUEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 5, 1972.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Jonathan M. Dreger, Deputy State Public Defenders, Denver, for defendant-appellant.

DAY, Justice.

Defendant Velasquez was convicted of attempted robbery pursuant to 1967 Perm. Supp., C.R.S. 1963, 40-25-1(1).

The criminal action arose out of an encounter between two groups of boys in downtown Delta, Colorado. When members of one group, including defendant, began "shoving around" members of the other, one Larry Proctor broke from the latter group and ran across the street. Defendant pursued Proctor, grabbed him, and held him by the shirt. According...

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