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PEOPLE v. LEWIS

No. 88CA1380.

791 P.2d 1152 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Alwyn Lee LEWIS, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied November 9, 1989.

Certiorari Denied April 9, 1990.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., and Michael J. Milne, Sr. Deputy Dist. Atty., Brighton, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, and Jonathan S. Willett, Deputy State Public Defender, Denver, for defendant-appellee.

Opinion by Judge TURSI.

Pursuant to § 16-12-102(1), C.R.S. (1986 Repl.Vol. 8A), and C.A.R. 4(b)(2), C.R.S. (1988 Cum.Supp.), the People appeal the order of the trial court entered after preliminary hearing in which it dismissed a count of felony murder that was predicated upon an underlying crime of burglary. We disapprove of the order dismissing the count of felony murder.

Defendant had been charged with first degree murder after deliberation, first...

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