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PEOPLE v. DAVIS

No. C-1210.

573 P.2d 543 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Derrick Michael DAVIS, a/k/a James Peaker, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

January 16, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, G. Milton Bennett, Deputy State Public Defender, Colorado Springs, for defendant-appellant.

KELLEY, Justice.

We granted certiorari in this case to consider the conviction of defendant-appellant, Derrick Michael Davis, a/k/a James Peaker (hereinafter, defendant), for theft of auto parts, section 42-5-104, C.R.S.1973.1 We affirm.

On August 8, 1976, around midnight, Doug Jones, manager of the Easthill Apartments in Colorado Springs, heard a loud noise outside his window. He went...

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