PEOPLE v. ERTHAL

No. 75-465.

556 P.2d 1228 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bernard A. ERTHAL, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 7, 1976.

Certiorari Granted December 13, 1976.


Attorney(s) appearing for the Case

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

Don L. Nelson, Fort Collins, for defendant-appellant.


Selected for Official Publication.

PIERCE, Judge.

Defendant appeals his conviction of burglary and felony theft, asserting among other things that the trial court erred in failing to suppress evidence seized from his place of business pursuant to a search warrant. We reverse.

Testimony at a combined preliminary and suppression hearing, and at trial, revealed the following. On February 5, 1974, a cabinetmaking shop was broken into and various items...

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