PEOPLE v. CHAVEZ

No. 28236.

599 P.2d 261 (1979)

The PEOPLE of The State of Colorado, Plaintiff-Appellant, v. Robert CHAVEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 4, 1979.


Attorney(s) appearing for the Case

Paul Q. Beacom, Dist. Atty., Marc P. Mishkin, Deputy Dist. Atty., Suzanne A. Schiro, Deputy Dist. Atty., Brighton, for plaintiff-appellant.

J. Gregory Walta, State Public Defender, Norman R. Mueller, Deputy State Public Defender, Denver, for defendant-appellee.


HODGES, Chief Justice.

The district attorney appeals the trial court's judgment dismissing an habitual criminal charge against the defendant. The defendant was charged and convicted of conspiracy to commit burglary and criminal trespass. The people had charged and attempted to prove that the defendant should be given an enhanced sentence due to several prior felony convictions. This charge was dismissed by the trial court after the prosecutor had introduced evidence...

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