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PEOPLE v. MONTOYA

No. 26955.

544 P.2d 635 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Luther MONTOYA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 19, 1976.

Attorney(s) appearing for the Case

J. E. Losavio, Jr., Dist. Atty., Cecil L. Turner, Asst. Dist. Atty., Pueblo, for plaintiff-appellant.

Darol C. Biddle, James A. Carleo, Pueblo, for defendant-appellee.

GROVES, Justice.

This is the second interlocutory appeal here in this case. On the first appeal of a suppression order, we affirmed the trial court's order suppressing tangible evidence on the ground that the second prong of the Aguilar-Spinelli test had not been met, but remanded to the trial court for a finding on probable cause for arrest under which the search might be justified. People v. Montoya, Colo...

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