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BARELA v. PEOPLE

No. 91SC113.

826 P.2d 1249 (1992)

Gerald Lee BARELA, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

January 27, 1992.

Attorney(s) appearing for the Case

Jeffery R. Kelley, Englewood, for petitioner.

Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Chief Deputy Dist. Atty., Englewood, for respondent.

Justice QUINN delivered the Opinion of the Court.

We granted certiorari to consider whether the district court erred in reversing the county court's dismissal of criminal charges against the defendant, Gerald Barela, and in remanding the case to the county court for trial. The county court heard and granted the defendant's motion to suppress evidence after a jury had been impaneled but had not yet been sworn to try the case, and then dismissed the unsworn jury after...

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