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PEOPLE v. GALLEGOS

No. 27174.

560 P.2d 93 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Roger Roland GALLEGOS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 22, 1977.

Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., L. Gary Hebenstreit, Deputy Dist. Atty., First Judicial District, Golden, for plaintiff-appellant.

Dale A. Spiegel, Boulder, for defendant-appellee.

HODGES, Justice.

The People appeal from the judgment of the district court dismissing the criminal charges1 against defendant Roger Roland Gallegos because he was not brought to trial within six months of his arraignment as required by section 18-1-405, C.R.S.1973, and Crim.P. 48(b). We affirm.

Shortly after defendant's trial was set, the trial court realized that it had set the trial date beyond the six-month period. The trial...

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