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PEOPLE v. DAVIS

No. 27755.

568 P.2d 1175 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert DAVIS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 3, 1977.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., R. Dale Tooley, Dist. Atty., 2d Judicial Dist., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., 2d Judicial Dist., O. Otto Moore, Asst. Dist. Atty., 2d Judicial Dist., Denver, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy Public Defender, Michael L. Bender, Deputy State Public Defender, Denver, for defendant-appellee.

CARRIGAN, Justice.

The defendant is charged with second degree burglary (section 18-4-203, C.R.S. 1973). The trial court granted the defendant's motion to suppress evidence seized pursuant to a search warrant, and the People bring this interlocutory appeal. We reverse.

The police obtained a warrant to search the defendant's apartment based on information received from a burglary victim and a witness, Jill Rich. Ms. Rich had gone to the defendant's apartment...

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