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PEOPLE v. DISTRICT COURT FOR SECOND JUD. DIST.

No. 79SA286.

607 P.2d 989 (1980)

The PEOPLE of the State of Colorado, Petitioner, v. The DISTRICT COURT FOR the SECOND JUDICIAL DISTRICT, State of Colorado, and the Honorable Alvin D. Lichtenstein, as one of the Judges of the District Court, Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 31, 1980.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for petitioner.

Gerash & Robinson, P. C., Scott H. Robinson, Denver, for respondents.

LEE, Justice.

We issued a rule to show cause why the respondent district court should not be prohibited from suppressing both an out-of-court photographic identification and an in-court identification of the defendant, William L. MacFarland, in a burglary investigation. We now make the rule absolute.

On July 18, 1975, Marian de la Ossa returned to her house at about 10:30 p. m. She had left lights on in the living room and the den, and after coming home she...

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