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PEOPLE v. HOLLOWAY

No. 81SA131.

649 P.2d 318 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Tony Ray HOLLOWAY, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

August 3, 1982.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., Keith Cross, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

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

HODGES, Chief Justice.

The People appeal the district court's dismissal of second-degree burglary1 and criminal mischief2 charges filed against the defendant, Tony Ray Holloway. The court's dismissal was based on the prosecution's inadvertent destruction of police dispatch tapes. These tapes were deemed crucial to the defendant's misidentification defense. While we agree that the defendant's due process rights...

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