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PEOPLE v. SWAZO

No. 27184.

553 P.2d 782 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Anthony SWAZO and Eddie Swazo, Jr., Defendants-Appellees.

Supreme Court of Colorado, En Banc.

August 23, 1976.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Thomas P. Casey, Chief Appellate Deputy Dist. Attys., Lucy Marsh Yee, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lawrence J. Schoenwald, Deputy State Public Defender, Denver, for defendant-appellee Anthony Swazo.

Holm, Willis & Dill, P.C., H. Alan Dill, Denver, for defendant-appellee Eddie Swazo, Jr.

DAY, Justice.

The district attorney, pursuant to statutory authority re questions of law, appeals from an order of the Denver district court dismissing several felony charges against the defendants. We reverse and order the charges reinstated.

The defendants were originally charged by felony complaint with second degree burglary, felony theft, and conspiracy to commit second degree burglary and theft. After a preliminary hearing in the Denver county court...

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