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PEOPLE v. MEYERS

No. 80SA75.

617 P.2d 808 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Byron Eugene MEYERS, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Richard G. Seymour, Designated Counsel, Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Robert Breindel, Deputy State Public Defender, Denver, for defendant-appellant.

QUINN, Justice.

Defendant-appellant, Byron Eugene Meyers (defendant), appeals his conviction of first degree burglary, claiming that prosecutorial misconduct before the grand jury vitiated the indictment returned against him and the prosecution's impeachment-use of a prior felony conviction during trial deprived him of due process of law. We reverse and remand due to the admission of a constitutionally infirm prior felony...

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