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PEOPLE v. SCHWARTZ

No. 81SA349.

678 P.2d 1000 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Linda SCHWARTZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 26, 1984.

Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., O. Otto Moore, Asst. Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., William Buckley, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, State Public Defender, Jody Sorenson Theis, Deputy Public Defender, Denver, for defendant-appellee.

NEIGHBORS, Justice.

The People appeal the judgment of the trial court dismissing this case. First, they contend that the trial court erred in holding that section 18-6-401(1)(a), C.R.S.1973 (1978 Repl.Vol. 8 & 1983 Supp.), of the child abuse statute is unconstitutional. Second, the People argue that their decision to retry the defendant, after a mistrial was declared because the jury could not reach a unanimous verdict, does not constitute an abuse of prosecutorial...

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