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SCHULTZ v. PEOPLE

No. C-334.

517 P.2d 466 (1974)

Richard Adlai SCHULTZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 7, 1974.

Attorney(s) appearing for the Case

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for petitioner.

Floyd Marks, Dist. Atty., Seventeenth Judicial Dist., James E. Heiser, Deputy Dist. Atty., Commerce City, for respondent.

PER CURIAM.

Defendant was convicted in the County Court of Adams County of violation of 1969 Perm.Supp., C.R.S.1963, 40-23-3.

The People have confessed error and concede that in light of People v. Vaughan, Colo., 514 P.2d 1318 (1973), the statute in question is unconstitutional on its face. We agree for the reasons set forth in the above cited opinion.

The judgment is reversed and the cause remanded with directions...

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