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PEOPLE v. MONTOYA

No. 86SA22.

753 P.2d 729 (1988)

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

Supreme Court of Colorado, En Banc.

March 28, 1988.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Steven L. Bernard, Chief Trial Deputy, Joseph M. Elio, Deputy Dist. Atty., Brighton, for plaintiff-appellant.

Epstein, Lozow and Lipkin, P.C., Bradley A. Lozow, Donald L. Lozow, Denver, for defendant-appellee.

QUINN, Chief Justice.

The People appeal from a pretrial dismissal of three counts of conspiracy to distribute a class II controlled substance, cocaine, which had been filed against the defendant, Paul Montoya. The district court entered a judgment of dismissal on the ground that there was insufficient evidence, apart from the statements of the defendant's alleged co-conspirators, to establish the evidentiary antecedents for admitting the statements under CRE 801(d...

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