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PEOPLE v. GOMEZ

No. 79SA148.

596 P.2d 1192 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph Raymond GOMEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 25, 1979.

Attorney(s) appearing for the Case

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

Eugene Deikman, Denver, for defendant-appellee.

ERICKSON, Justice.

This is an interlocutory appeal by the prosecution from an adverse ruling on a motion to suppress. We affirm.

The defendant, Joseph Raymond Gomez, is charged with possession of heroin with intent to dispense, in violation of section 12-22-322, C.R.S.1973 (1978 Repl. Vol. 5). The district court suppressed testimony relating to three prosecution exhibits as evidence, because the exhibits were destroyed in the process of testing by the Colorado...

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