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PEOPLE v. MONTOYA

No. 26383.

524 P.2d 76 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Chris Melvin MONTOYA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 1, 1974.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Second Judicial District, Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Duff Mullen (Howard M.), Asst. Dist. Atty., Denver, for plaintiff-appellant.

No appearance by defendant-appellee.

KELLEY, Justice.

This is an interlocutory appeal brought by the People pursuant to C.A.R. 4.1 from an order of the Denver District Court granting defendant's motion to suppress certain evidence. We reverse.

The evidence presented at the suppression hearing is as follows: On May 24, 1971, Officers Fugate and Fitzgibbons of the Denver Police Department were conducting a surveillance of a residence at 3859 Osage Street in Denver. They were operating in tandem...

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