PEOPLE v. MONTOYA

No. 91SA412.

828 P.2d 251 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Patrick MONTOYA, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 13, 1992.


Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Second Judicial Dist., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., John W. Madden, IV, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, State Public Defender, Frederick Martinez, Deputy State Public Defender, Denver, for defendant-appellee.


Justice ERICKSON delivered the Opinion of the Court.

This interlocutory appeal by the prosecution is pursuant to C.A.R. 4.1 and asserts that the trial judge erred in suppressing evidence seized in an investigatory stop. We affirm.

Patrick V. Montoya, the defendant, was charged with unlawful possession of cocaine, a class three felony. § 18-18-105, 8B C.R.S. (1986). On January 20, 1991, a police officer was making a routine check of a topless bar in a...

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