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PEOPLE v. POPE

No. 84SA223.

724 P.2d 1323 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas Dale POPE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

September 15, 1986.

Attorney(s) appearing for the Case

Alexander M. Hunter, Dist. Atty., Richard F. Good, Deputy Dist. Atty., Boulder, for plaintiff-appellant.

Miller, Gray & Hale, P.C., Daniel C. Hale, Boulder, for defendant-appellee.

ERICKSON, Justice.

This is an appeal by the prosecution from the dismissal of charges against the defendant for possession, sale, and conspiracy to sell cocaine, a schedule II controlled substance. Section 18-18-105, 8 C.R.S. (1985 Supp.). The trial court found that the failure of police to preserve for testing an apparently empty chemists' tray on which screening tests had been conducted deprived the defendant of due process...

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