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PEOPLE v. LUCERO

No. 80SA490.

654 P.2d 835 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John J. LUCERO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

November 29, 1982.

Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Deborah S. Waldbaum, Deputy State Public Defender, Denver, for defendant-appellee.

HODGES, Chief Justice.

The trial court on defendant Lucero's motion at the conclusion of the prosecution's presentation of evidence, entered a judgment of acquittal of the charge of escape. On appeal, the People contend that the trial court erred in granting the defendant's motion. We agree and therefore disapprove the judgment rather than reverse and remand for a new trial because any effort to again try this defendant on this charge would be contrary to the double...

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