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PEOPLE v. HILLYARD

No. 28328.

589 P.2d 939 (1979)

PEOPLE of the State of Colorado, Appellant, v. James Dean HILLYARD, Appellee.

Supreme Court of Colorado, En Banc.

January 29, 1979.

Attorney(s) appearing for the Case

John Anderson, Dist. Atty., Dennis E. Fault, Deputy Dist. Atty., Canon City, for appellant.

Fredrickson, Johnson & McDermott, P. C., Tom N. Kiehnhoff, Canon City, for appellee.

GROVES, Justice.

This is an interlocutory appeal by the People under C.A.R. 4.1 contesting a district court order suppressing the defendant's statements and items seized after his arrest. The defendant was charged with second degree burglary (section 18-4-203, C.R.S. 1973) and theft of less than $200 but more than $50 (section 18-4-401, C.R.S.1973 (1976 Supp.)). We reverse.

The only testimony before the court was...

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