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PEOPLE v. JENKINS

No. 28098.

599 P.2d 912 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jerry JENKINS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 17, 1979.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, Alexander Garlin, Boulder, Paul R. Bratfisch, Denver, Deputy State Public Defenders, for defendant-appellee.

LEE, Justice.

The People appeal pursuant to section 16-12-102, C.R.S.1973 (1978 Repl.Vol. 8) upon a question of law.

The defendant, Jerry Jenkins, was charged with possession of a weapon by a previous offender, in violation of section 18-12-108, C.R.S.1973 (1978 Repl.Vol. 8), commonly called the "felon with a gun statute." He pled not guilty and trial was to a jury. At the conclusion of the People's case, the district court granted defendant's motion for judgment...

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