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PEOPLE v. HOLLOWAY

No. 27256.

568 P.2d 29 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jimmie Lee HOLLOWAY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 15, 1977.

Attorney(s) appearing for the Case

Terrance L. Farina, Dist. Atty., John A. Achziger, Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellee.

LEE, Justice.

The People appeal from an order of Mesa County District Court dismissing an information against appellee Jimmie Lee Holloway for theft by receiving, section 18-4-410, C.R.S. 1973 (1976 Supp.). The district court dismissed the information on the ground that the statute is vague and overbroad, thus unconstitutional. We reverse and remand with directions that the information be reinstated.

The facts relevant to this appeal are undisputed. An undercover...

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