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PEOPLE v. LOVATO

No. 80SA91.

630 P.2d 597 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Francisco F. LOVATO, Defendant-Appellee.

Supreme Court of Colorado.

June 29, 1981.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief App. Deputy Dist. Atty., Guy Till, Deputy Dist. Atty., Denver, for plaintiff-appellant.

No appearance for defendant-appellee.

LOHR, Justice.

The prosecution appeals from a decision of the Denver District Court that blasting caps with attached safety fuses are not explosive or incendiary devices within the meaning of section 18-12-109(1)(a)(I), C.R. S.1973 (1978 Repl.Vol. 8). We disapprove the district court's decision.

The defendant, Francisco F. Lovato, was charged by information with the class 4 felony of knowingly possessing "an explosive and incendiary device, to-wit: blasting...

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