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PEOPLE v. AYALA

No. 87SA187.

770 P.2d 1265 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Anselmo Hijinio AYALA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 20, 1989.

Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Daniel E. May, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Paul R. Bratfisch, Deputy State Public Defender, Colorado Springs, for defendant-appellee.

ERICKSON, Justice.

The prosecution appeals the dismissal of an information charging defendant Anselmo Hijinio Ayala with theft by receiving, section 18-4-410, 8B C.R.S. (1986). At the conclusion of the preliminary hearing, the information was dismissed by the trial judge because of the failure of the prosecution to establish probable cause that Ayala committed the crime charged. We affirm.

I.

Were it not for the fact that some members of the court...

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