PEOPLE v. MARTINEZ

No. 25797.

523 P.2d 120 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Moses I. MARTINEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

June 10, 1974.


Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Patricia W. Robb, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


DAY, Justice.

This is an appeal from convictions of one count of burglary and two counts of theft. The appellant presents several issues, all related to one serious procedural error which requires remand to the trial court for a new suppression hearing. No errors are assigned which will not be resolved by the subsequent proceedings.

I.

The defendant contends he was denied a meaningful impartial hearing on two motions to suppress because the trial...

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