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PEOPLE v. SIWIERKA

Nos. 82SA579, 82SA580.

683 P.2d 356 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Donald Allen SIWIERKA, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Stella Yolanda CHRIVIA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 2, 1984.

Attorney(s) appearing for the Case

Terrance Farina, Dist. Atty., Thomas W. Blake, Deputy Dist. Atty., Grand Junction, for plaintiff-appellant.

Donna A. Salmon, Denver, LaCroiz, Achziger & Multz, P.C., Carroll E. Multz, Grand Junction, for defendants-appellees.

LOHR, Justice.

Pursuant to section 16-12-102, 8 C.R.S. (1978), the People appeal the dismissal of two counts charging the defendants with possession of marijuana concentrate in the form of hashish and hash oil. § 18-18-106(4)(b)(I), 8 C.R.S. (1983 Supp.). The trial court granted the defendants' motions to dismiss the charges because, in its view, conduct

prohibited by section 18-18-106(4)(b)(I) is indistinguishable from that proscribed by section 18-18...

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