PEOPLE v. GARCIA

No. 28094.

579 P.2d 1150 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ted A. GARCIA and Thomas P. Garcia, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

June 12, 1978.


Attorney(s) appearing for the Case

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

Brenman, Sobol, Baum, Zerobnick, Epstein, Zuckerman & Lutz, P. C., Leo T. Zuckerman, Dan D. Plattner, Denver, for defendants-appellees.


ERICKSON, Justice.

This interlocutory appeal was taken after a motion to suppress was granted as to marijuana seized during the execution of a search warrant. We reverse and remand for trial.

An arrest warrant was issued for Ted A. Garcia. When officers went to his apartment, they were admitted by Randall Garcia and were told that Ted A. Garcia was in a bedroom at the end of the hall. As the officers went down the hall toward the bedroom, they passed an open...

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