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PEOPLE v. CLERKIN

No. 80CA0877.

638 P.2d 808 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Patrick E. CLERKIN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 17, 1981.

Certiorari Denied December 7, 1981.

Attorney(s) appearing for the Case

Stuart A. VanMeveren, Dist. Atty., Loren B. Schall, Asst. Dist. Atty., Francis H. Oldham, Chief Deputy Dist. Atty., Fort Collins, for plaintiff-appellee.

Law Offices of King & Wallin, Tad Wallin, Fort Collins, for defendant-appellant.

KELLY, Judge.

The defendant, Patrick Edwin Clerkin, was charged with assault in the second degree, resisting arrest, and criminal mischief. The defendant moved to dismiss pursuant to the provisions of § 18-1-408(2), C.R.S. 1973 (1978 Repl.Vol. 8). The trial court dismissed count 3, the charge of criminal mischief, but denied the motion as to the remaining counts. The defendant thereupon prosecuted this appeal.

During oral argument of the case, the court...

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