PEOPLE v. SAMS

No. 82SA119.

685 P.2d 157 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert Lavern SAMS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 18, 1984.


Attorney(s) appearing for the Case

Dale Tooley, Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., David Purdy, Chief Deputy Dist. Atty., Michael J. Kane, Deputy Dist. Atty., Denver, for plaintiff-appellant.

Kenneth M. Gordon, Denver, for defendant-appellee.


QUINN, Justice.

The People, pursuant to section 16-12-102, 8 C.R.S. (1978), appeal the district court's dismissal of a criminal case filed against the defendant, Robert Sams. The judgment of dismissal was entered as a sanction for the loss of exculpatory identification evidence obtained by the police during the investigatory stage of the case. We conclude that the sanction of dismissal was unduly disproportionate to any prejudice caused to the defendant and therefore...

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