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PEOPLE v. FRESQUEZ

No. 25813.

526 P.2d 146 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert R. FRESQUEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

September 9, 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.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted in the district court of theft of property valued in excess of $100, a felony. We reverse.

The testimony was in conflict. JoAnn Gallegos, the People's principal witness and a saleswoman for White Stores, Inc., testified as follows: that on November 26, 1971, around 2:30 to 3:00 p. m., she saw the defendant and another man enter the store; that she asked if she could help...

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