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PEOPLE v. KUNZELMAN

No. 79CA0573.

649 P.2d 340 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frederick KUNZELMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 15, 1982.

Certiorari Denied August 3, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Mary E. Ricketson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for defendant-appellant.

SMITH, Judge.

Defendant, Frederick Kunzelman, appeals his conviction of fraud by check. We affirm.

On November 16, 1977, Ronald Wallace, a salesman for an automobile dealer, arranged for defendant Kunzelman, one of his customers, to purchase tires from a tire dealer at the automobile dealer discount rate. Wallace gave the tire dealer representative one of his employer's purchase order numbers, and defendant picked up

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