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PEOPLE v. TRAUBERT

No. 80SA109.

625 P.2d 991 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas E. TRAUBERT, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 16, 1981.

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 plaintiff-appellant.

No appearance for defendant-appellee.

HODGES, Chief Justice.

The People appeal the trial court's entry of a judgment of acquittal of the charges against the defendant Traubert. From our review of this record, we conclude that the trial court erred. The judgment of acquittal was entered on defendant's motion after the close of the People's case. Jeopardy has therefore attached and the defendant cannot be retried. Consequently, we can only disapprove the judgment of the trial court.

We normally...

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