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PEOPLE v. ABEYTA

No. 27750.

578 P.2d 645 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Donald ABEYTA, Francis Montano, and Philip Santistevan, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

May 8, 1978.

Attorney(s) appearing for the Case

W. Terry Ruckriegle, Sp. Prosecutor, Georgetown, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Stephens Dooley, Deputy State Public Defender, Denver, for defendant-appellee Francis Montano.

George A. Newman, Trinidad, for defendants-appellees Donald Abeyta and Philip Santistevan.

GROVES, Justice.

The people appeal from the dismissal of an information pending against the three defendants, Montano, Abeyta, and Santistevan, for failure to comply with the speedy trial requirements of Crim.P. 48(b). The information charged the defendants with second-degree assault. We affirm.

Counsel for Abeyta and Santistevan filed a motion to dismiss on June 7, 1977, and counsel for Montano filed a similar motion...

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