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PEOPLE v. FORGEY

No. 88SA20.

770 P.2d 781 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Larry FORGEY and Thelma Forgey, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

March 20, 1989.

Attorney(s) appearing for the Case

Philip Bienvenu, Dist. Atty., Lamar, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Tad Overturf, Deputy State Public Defender, La Junta, S. Ford Anderson Lamar, for defendants-appellees.

ERICKSON, Justice.

The prosecution appeals the Baca County District Court's order dismissing charges against appellees for violation of section 38-35-109(3), 16A C.R.S. (1982),1 based upon a finding that the statute under which the prosecution proceeded was unconstitutional. Appellees Larry and Thelma Forgey were charged by the Baca County District Attorney with a class one misdemeanor for filing...

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