PEOPLE v. DAVIS

No. 26070.

533 P.2d 38 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Raymond S. DAVIS, Defendant-Appellant.

Supreme Court of Colorado, In Department.

March 24, 1975.


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, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant.


DAY, Justice.

Appellant Davis was convicted by a jury of robbery and conspiracy to commit robbery and he appeals. We affirm.

Although Davis was originally charged pursuant to sections 18-4-302 and 18-2-201, C.R.S. 1973 with aggravated robbery and conspiracy to commit the same, the jury found him guilty of the necessarily included lesser offenses of simple robbery and conspiracy.

The only issue in this appeal is whether the lineup procedure which led...

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