PEOPLE v. ARCHULETA

No. 78-1179.

607 P.2d 1032 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert Anthony ARCHULETA, Defendant-Appellant.

Colorado Court of Appeals, Division II.

December 20, 1979.


Attorney(s) appearing for the Case

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

Holm & Dill, P. C., Kenneth L. Keene, Jr., Denver, for defendant-appellant.


ENOCH, Chief Judge.

Alleging he was denied due process, defendant appeals his judgment of conviction of second degree assault and first degree sexual assault. We agree and reverse the judgment.

All the physical evidence collected by law enforcement officers in the investigation of the crime was destroyed or released prior to defendant's arrest and therefore was unavailable to him at trial. Also, contrary to a pre-trial suppression order, the prosecutor elicited...

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