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PEOPLE v. ENRIQUEZ

No. 87SA131.

763 P.2d 1033 (1988)

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

Supreme Court of Colorado, En Banc.

October 31, 1988.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Judy A. Hedges, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Philip W. Ogden, Colorado Springs, for defendant-appellee.

VOLLACK, Justice.

The People appeal from an order of the El Paso County District Court dismissing three of four criminal charges filed against Robert Enriquez. The charges were dismissed for failure of the prosecution to preserve potentially exculpatory evidence. We vacate the dismissal order and remand to the district court for reinstatement of the charges and further proceedings consistent with this opinion.

I.

At 11:33 p.m. on September 19, 1986...

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