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OLINYK v. PEOPLE

Nos. 81SC64, 81SC170 and 81SC224.

642 P.2d 490 (1982)

Gregory John OLINYK, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. Harvey John KOSIK, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. Levi MARTINEZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

February 8, 1982.

Attorney(s) appearing for the Case

Tague & Beem, P. C., P. Arthur Tague, Anne Vitek, Denver, for petitioner, in No. 81SC64.

Malman & Malman, Jerome S. Malman, Ruth C. Malman, Denver, for petitioner, in No. 81SC170.

Hernandez, Schiferl & Martinez Hernandez, Michael A. Schiferl, Robert L. Hernandez, Pueblo, for petitioner in No. 81SC224.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for respondent.

DUBOFSKY, Justice.

We granted certiorari to review the decisions of the district courts of Moffat, Adams and Pueblo counties upholding the 55 mile-per-hour speed limit contained in section 42-4-1001(7)(b), C.R.S.1973 (1981 Supp.). The defendant in each case challenged his conviction on the basis that the 55 mile-per-hour speed limit is unenforceable because no penalty for violating the speed limit is provided in the statute. The three cases have been consolidated...

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