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PEOPLE v. ORTEGA

No. C-1576.

597 P.2d 1034 (1979)

The PEOPLE of the State of Colorado, Petitioner, v. Thomas Leo ORTEGA, Respondent.

Supreme Court of Colorado, En Banc.

July 9, 1979.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Felipe V. Ponce, Asst. Atty. Gen., Denver, for petitioner.

J. Gregory Walta, Public Defender, Lee Belstock, Deputy Public Defender, Denver, for respondent.

CARRIGAN, Justice.

A jury found the defendant guilty of first-degree trespass, section 18-4-502, C.R.S.1973, and felony theft, section 18-4-401, C.R.S.1973. On appeal the court of appeals held that certain remarks of the prosecutor in closing argument to the jury amounted to impermissible comment upon the fact that shortly after his arrest the defendant had failed to make a detailed exculpatory statement. People v. Ortega, Colo.App., 580 P.2d...

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