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PEOPLE v. GALLEGOS

No. 26083.

528 P.2d 229 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Gene GALLEGOS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

November 18, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Donna A. Maranchik, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Dufford & Williams, Laird T. Milburn, Grand Junction, for defendant-appellant.

KELLEY, Justice.

The defendant, Richard Gene Gallegos, stands convicted of second-degree burglary in violation of 1971 Perm.Supp., C.R.S.1963, 40-4-203. This appeal is premised solely on the trial court's denial of his motion for new trial based upon newly discovered evidence. Crim.P. 33. We affirm.

The defendant and one Gomez were charged jointly by information, filed December 21, 1972, with the burglary of a liquor store. On February 15, 1973, the court...

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