PEOPLE v. SMITH

No. 77-903.

624 P.2d 1338 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lloyd Dale SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 2, 1979.

Certiorari Granted September 17, 1979.


Attorney(s) appearing for the Case

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

J. Gregory Walta, Colorado State Public Defender, J. Steven Patrick, Spec. Deputy State Public Defender, Denver, for defendant-appellant.


COYTE, Judge.

Defendant appeals his conviction of conspiracy to sell a narcotic drug. We reverse.

Defendant was charged with two counts of conspiracy and one count of sale of a narcotic drug. One of the conspiracy counts was dismissed prior to trial. The jury deadlocked on the sale charge, so the trial court declared a mistrial on this charge which the district attorney then dismissed.

Defendant asserts that the trial court should have granted his...

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