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PEOPLE v. GALLEGOS

No. 83SA332.

692 P.2d 1074 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Peter Paul GALLEGOS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

December 17, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Nathan B. Coats, Deputy Atty. Gen., Appellate Section, Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Steve E. Alcala, Deputy State Public Defender, Pueblo, for defendant-appellee.

DUBOFSKY, Justice.

The People appeal a Pueblo County district court order refusing to admit certain Department of Social Service rules and regulations (DSS rules) into evidence in a criminal prosecution for welfare fraud and theft. The court found that the People had failed to demonstrate that these rules were properly "promulgated and issued" in accordance with section 24-4-103, 10 C.R.S. (1982), and that People v. More, 668 P.2d 968

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