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PEOPLE v. TOWERY

No. 27822.

573 P.2d 104 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James Kevin TOWERY, Defendant-Appellee.

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., Denver, J. E. Losavio, Jr., Dist. Atty., Warren T. Marshall, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

Rollie R. Rogers, Colo. State Public Defender, Denver, James F. Dumas, Jr., Chief Deputy Public Defender, James Dostal, Deputy State Public Defender, Pueblo, for defendant-appellee.

CARRIGAN, Justice.

The appellee is charged with felony theft, in violation of section 18-4-401, C.R.S.1973 (1976 Supp.). The People bring this interlocutory appeal from the trial court's order suppressing certain evidence and statements. We reverse.

On September 17, 1976, two Pueblo police officers, in plain clothes, went to the appellee's apartment to execute warrants from another county for the arrest of the appellee and one Gary Maloney.

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