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PEOPLE v. GRANA

No. 25561.

527 P.2d 543 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jorge GRANA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Original Opinion Adhered to on Rehearing October 29, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Taussig, McCarthy & Snyder, Michael J. McCarthy, Boulder, for defendant-appellant.

KELLEY, Justice.

Defendant was found guilty in Boulder District Court by a jury of possession for sale of a narcotic drug and possession with intent to dispense a dangerous drug and sentenced to the penitentiary. Because the contraband was seized in violation of the defendant's Fourth Amendment rights, we reverse the convictions.

On July 1, 1971, Detective William Spotts of the Boulder Police Department observed a...

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