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PEOPLE v. EMIG

No. 27249.

552 P.2d 312 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald George EMIG, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

July 6, 1976.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Thomas J. Tomazin, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted of fraud by check under section 18-5-205, C.R.S. 1973, and was sentenced to a term in the state penitentiary.

In People v. Quinn, Colo., 549 P.2d 1332, and People v. Reagan, Colo., 549 P.2d 1332, both 1976, we held section (2) of this statute to be unconstitutional. As a result, the Attorney General has properly confessed error as...

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