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PEOPLE v. GONZALES

No. 77-1053.

601 P.2d 644 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Phillip Demesio GONZALES, a/k/a Phillip D. Gonzales, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 19, 1979.

Certiorari Denied October 29, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, State Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Anthony M. Marquez, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Denver, L. Richard Musat, O. Edward Schlatter, Deputy State public Defenders, Salida, for defendant-appellant.

KELLY, Judge.

In March 1977, the defendant was charged with one count of felony escape. He was brought to trial in August and judgment of conviction was entered in November 1977. On May 5, 1977, the defendant moved to dismiss the information on the ground that there had not been compliance with the provisions of the Interstate Agreement on Detainers, § 24-60-501, Art. III(c), C.R.S.1973, and Cal.Penal Code, Chapter 8.5, § 1389, Art. III(c). After a hearing...

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