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PEOPLE v. SPURRIER

No. 84SA76.

712 P.2d 486 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Russell R. SPURRIER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 31, 1986.

Attorney(s) appearing for the Case

Gary S. Stork, Dist. Atty., Clinton A. Smith, Deputy Dist. Atty., La Junta, for plaintiff-appellant.

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

ERICKSON, Justice.

Russell R. Spurrier was charged with fraud by check over $200 in the Otero County District Court. § 18-5-205(2), 8 C.R.S. (1978). After a preliminary hearing, the district court dismissed the charge on the ground that the evidence did not establish probable cause to believe Spurrier intended to defraud the payee of the check. The district attorney appealed. We reverse and remand with directions to reinstate the charge against Spurrier.

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