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PEOPLE v. VINCENT

No. 81SA111.

628 P.2d 107 (1981)

PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Phoenix John VINCENT, formerly known as Mark Vincent Leidal, Defendant-Appellee.

Supreme Court of Colorado.

May 18, 1981.

Attorney(s) appearing for the Case

Terrance Farina, Dist. Atty., Stephen K. Erkenbrack, Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Traylor, Palo, Cowan & Arnold, Peter R. Black, Grand Junction, for defendant-appellee.

ERICKSON, Justice.

Pursuant to C.A.R. 4.1, the prosecution has appealed an order suppressing evidence and foreclosing the use of the defendant's criminal record as derivative evidence or fruit of the poisonous tree. We reverse and remand with directions.

The defendant was arrested and charged with unlawfully carrying a concealed weapon (firearm). Section 18-12-105(1)(b), C.R. S.1973, (1978 Repl.Vol. 8). The loaded .22 caliber revolver recovered from the defendant...

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