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PEOPLE v. BRAND

No. 78-354.

608 P.2d 817 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael Thomas BRAND and Cathy Hoffman Brand, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 20, 1979.

Certiorari Denied April 7, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Lynne Ford, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Richard M. Jones, Sp. Deputy State Public Defender, Denver, for defendants-appellants.

VAN CISE, Judge.

Defendants, Michael and Cathy Brand, appeal their convictions on two felony counts of violating the provisions of § 38-22-127, C.R.S. 1973 (1978 Cum.Supp.). We reverse.

Defendants, as general contractors, built and sold a house and received the net sale price from their buyers. Subsequently mechanics' liens statements for unpaid construction bills were filed against the property by a subcontractor and a material supplier. When these lien...

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