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PEOPLE v. FORD

No. 27274.

568 P.2d 26 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert Glen FORD a/k/a Robert Glen White, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 15, 1977.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., David H. Zook, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

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

CARRIGAN, Justice.

The defendant was arrested for discharging a firearm outside his home. He was charged with one misdemeanor, possession of a defaced firearm,1 and one felony, possession of a weapon by a previous offender.2 Habitual criminal charges 3 were predicated upon that felony count.

Defense counsel moved to dismiss the felony possession charge, contending that the...

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