PEOPLE v. ZUNIGA

No. 79CA0990.

631 P.2d 1157 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Phillip ZUNIGA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 23, 1981.

Certiorari Denied July 13, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., John Daniel Dailey, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Denver, for defendant-appellant.


TURSI, Judge.

Phillip Zuniga, convicted of possession of a dangerous drug with intent to dispense, § 12-22-404, C.R.S.1973 (1978 Repl. Vol. 5), appeals. We reverse.

On August 3, 1978, police executed a search warrant at defendant's residence and seized approximately 844 young marijuana plants. No other drug paraphernalia was discovered.

At trial, defendant tendered a jury instruction which defined the term "dispense" in statutory language, §...

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