PEOPLE v. VALDEZ

No. 25441.

511 P.2d 472 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jerry Daniel VALDEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 18, 1973.


Attorney(s) appearing for the Case

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

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Allan I. Lipson, Deputy State Public Defender, Denver, for defendant-appellant.


GROVES, Justice.

The defendant was convicted of possession of narcotic drugs (marijuana), less than ½ ounce. We reverse.

A Westminster police officer saw the defendant enter a drive-in theatre by climbing over a fence and thereafter enter an automobile parked inside the theatre. The officer approached the car and asked to see the defendant's admission ticket. When the defendant was unable to produce the ticket, the officer asked him for some identification...

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