PEOPLE v. HUGHES

No. 87SA469.

767 P.2d 1201 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. James Weldon HUGHES, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 17, 1989.


Attorney(s) appearing for the Case

G.F. Sandstrom, Dist. Atty., Tenth Judicial Dist., Scott B. Epstein, Chief Deputy Dist. Atty. Kathleen G. Eberling, Deputy District Atty., Pueblo, for plaintiff-appellant.

Joseph A. Koncilja, Pueblo, for defendant-appellee.


MULLARKEY, Justice.

In this interlocutory appeal pursuant to C.A.R. 4.1, the People challenge the trial court order suppressing a film canister containing cocaine and a statement made by the defendant, James Weldon Hughes (Hughes), at the time the police discovered the cocaine. We conclude that the trial court improperly restricted the permissible scope of the search under the search warrant and erroneously suppressed the cocaine and the defendant's statement. We...

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