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PEOPLE v. WESTRUM

No. 79SA434.

624 P.2d 1302 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jon P. WESTRUM, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 16, 1981.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Gary E. Lawyer, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Harvey M. Palefsky, Deputy State Public Defender, Denver, for defendant-appellee.

HODGES, Chief Justice.

This is an appeal by the People from a judgment of the trial court dismissing an information charging the defendant, Jon P. Westrum, with felony theft. We reverse.

The defendant was charged with a class 4 felony, theft of a motorcycle in violation of section 18-4-401, C.R.S.1973 (now in 1978 Repl.Vol. 8). He moved to dismiss the information on the ground that he should have been charged with aggravated motor vehicle theft under section...

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