PEOPLE v. VELARDE

No. 74-319.

541 P.2d 107 (1975)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eugene VELARDE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

September 23, 1975.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy State's Atty. Gen., Edward G. Donovan, Sol. Gen., John R. Rodman, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Lee Belstock, Deputy State Public Defender, Denver, for defendant-appellant.


Not Selected for Official Publication.

COYTE, Judge.

Defendant Velarde was convicted of third degree burglary in violation of C.R.S. 1963, 40-4-204 (now § 18-4-204, C.R.S. 1973), and brings this appeal on the grounds that the identification was improper and that the conduct of the district attorney occasioned a mistrial. We agree on the latter point, and therefore reverse the conviction.

On the morning of July 16, 1973, a man was observed crouching...

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