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PEOPLE v. GARCIA

No. C-1732.

595 P.2d 228 (1979)

The PEOPLE of the State of Colorado, Petitioner, v. Timothy Anthony GARCIA, Respondent.

Supreme Court of Colorado, En Banc.

May 21, 1979.

Attorney(s) appearing for the Case

Eugene L. Farish, Dist. Atty., Monte Vista, for petitioner.

Montano & Encinas, Duane Montano, Denver, for respondent.

ROVIRA, Justice.

The People appeal the ruling of the county court, affirmed by the district court, declaring section 18-12-106(1)(d), C.R.S.1973, to be unconstitutionally vague and overbroad. We reverse.

The challenged provision states:

"18-12-106. Prohibited use of weapons. (1) A person commits a class 2 misdemeanor if:

. . . . .

"(d) He has in his possession a firearm while he is under the influence of intoxicating liquor or of...

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