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PEOPLE v. PHARR

No. 83SA426.

696 P.2d 235 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John PHARR, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 22, 1984.

Attorney(s) appearing for the Case

L. Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H.

Forman, Sol. Gen., Nathan B. Coats, Clement P. Engle, Asst. Attys. Gen., Denver, Doyle T. Johns, Jr., District Atty., Joseph J. Weatherby, Chief Trial Deputy Dist. Atty., Fort Morgan, for plaintiff-appellee.

Homm & Cribbs, Willard C. Cribbs, Jr., Burlington, for defendant-appellant.

ERICKSON, Chief Justice.

John Pharr (defendant) appeals his conviction of attempted sale of a counterfeit substance. The defendant claims that Colorado's counterfeit controlled substance statute, § 18-5-306, 8 C.R.S. (1982 Supp.), is unconstitutionally vague and overbroad, extends beyond the state's police power, and impermissibly creates a strict liability offense. We affirm.

I.

The defendant was originally charged with two counts of dispensing...

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