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PEOPLE v. Y.D.M.

No. 28250.

593 P.2d 1356 (1979)

The PEOPLE of the State of Colorado, Petitioner-Appellee, v. In the Interest of Y.D.M., Minor Child-Appellant, and concerning M.M., Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 14, 1979.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Susan P. Mele-Sernovitz, Asst. Atty. Gen., Denver, for petitioner-appellee.

J. Gregory Walta, Colorado State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for minor child-appellant.

CARRIGAN, Justice.

The juvenile court adjudicated Y.D.M., the thirteen-year-old appellant,1 to be a child in need of supervision (CHINS)2 based on a jury's determination that she had violated Colorado's compulsory school attendance law, section 22-33-104, C.R.S. 1973. We reverse and remand for a new trial.

At trial the official attendance records kept by the minor child's homeroom teacher revealed that...

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