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PEOPLE v. JIRON

No. 78-734.

616 P.2d 166 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stephen Lee JIRON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 26, 1980.

Certiorari Denied September 15, 1980.

Attorney(s) appearing for the Case

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

J. Gregory Walta, Colorado State Public Defender, Larry S. Pozner, Spec. Deputy Public Defender, Denver, for defendant-appellant.

KIRSHBAUM, Judge.

Defendant Stephen Lee Jiron appeals his conviction of criminal attempt to commit second degree burglary. He contends that the information filed against him failed to allege an offense and that his motions for judgment of acquittal should have been granted. Noting plain error, we reverse.

The information contained the following allegations:

"STEPHEN LEE JIRON, did unlawful and feloniously attempt to commit the crime of 2° Burglary...

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