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PEOPLE v. GARCIA

No. 26320.

541 P.2d 687 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Reagan GARCIA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 3, 1975.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Janice Buchanan, Deputy State Public Defender, Denver, for defendant-appellee.

HODGES, Justice.

The issue before the court is the constitutionality of section 18-4-105, C.R.S.1973 (Fourth Degree Arson). The trial court ruled this statute unconstitutional. We reverse.

The defendant was charged with a class 2 misdemeanor under the fourth degree arson statute for endangering property whose value was one hundred dollars or more. This statute, in pertinent part, provides:

"A person who starts or maintains a fire or causes an explosion...

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