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PEOPLE v. HUSTON

No. 28182.

589 P.2d 1367 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Harold F. HUSTON, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 5, 1979.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., Paul A. King, Deputy Dist. Atty., Eighteenth Judicial District, Littleton, for plaintiff-appellant.

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Forrest W. Lewis, Deputy State Public Defender, Denver, for defendant-appellee.

PER CURIAM.

Defendant Huston was charged with first-degree criminal trespass under section 18-4-502, C.R.S.1973 (Repl.Vol. 8), which makes first-degree criminal trespass a class 5 felony. He moved to dismiss on the grounds that section 18-4-502 proscribes the same conduct as section 18-4-504, C.R. S.1973 (Repl.Vol. 8), which makes third-degree criminal trespass a class 1 petty offense.

The district court held that...

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