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PEOPLE v. SMITH

No. 27326.

566 P.2d 364 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jerry Roger SMITH a/k/a Roger Don Yates, Gary Lee Williams, Donald L. Shirer, and James Lincoln Crall a/k/a Lincoln Fredrick Black, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

July 11, 1977.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Thomas P. Casey, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Douglas John Traeger, Kenneth L. Keene, Jr., Denver, for defendant-appellee Gary Lee Williams.

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for intervenor.

GROVES, Justice.

Defendants were charged in an eight-count indictment. Three of these charges were under section 42-5-102, C.R.S.1973. The district court declared this statute to be unconstitutional. We reverse.

Section 102 provides:

"Stolen auto parts— buying, selling. Any person who buys, sells, exchanges, trades, receives, conceals, or alters the appearance of an automobile, or any automobile part, equipment, attachment, accessory, or appurtenance...

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