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PEOPLE v. ROBERTS

No. 28172.

592 P.2d 801 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Renee Bernice ROBERTS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 16, 1979.

Attorney(s) appearing for the Case

Terrance L. Farina, Dist. Atty., John A. Achziger, Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Michael J. Heher, Deputy State Public Defender, for defendant-appellee.

ERICKSON, Justice.

Pursuant to section 16-12-102, C.R.S. 1973 (1978 Repl.Vol.), the prosecution has appealed from an order granting a judgment of acquittal. Jeopardy has attached, and the defendant may not be retried. Greene v. Massey, 437 U.S. 19, 98 S.Ct. 2151, 57 L.Ed.2d 15 (1978). We disapprove of the order granting the judgment of acquittal. People v. Bennett, 183 Colo. 125, 515 P.2d 466...

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