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PEOPLE v. JACQUEZ

No. 28095.

588 P.2d 871 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Rudolph Benie JACQUEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 8, 1979.

Attorney(s) appearing for the Case

Nolan L. Brown, Dist. Atty., John R. Barksdale, Deputy Dist. Atty., Golden, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, Peter Schild, Deputy State Public Defender, Golden, for defendant-appellee.

LEE, Justice.

The district attorney appeals from an adverse ruling involving the interpretation of the habitual criminal statute, section 16-13-101 et seq., C.R.S.1973. We disapprove the ruling.

Defendant was convicted by a jury of second-degree burglary (section 18-4-203, C.R.S.1973) and felony theft (section 18-4-401, C.R.S.1973).

A trial was then held on three habitual criminal felony counts. The information in count 3 charged the defendant with...

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