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PEOPLE v. DRENNON

No. 92CA0317.

860 P.2d 589 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert William DRENNON, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 29, 1993.

Certiorari Denied October 18, 1993.

Attorney(s) appearing for the Case

Edward J. Rodgers, Dist. Atty., Norman C. Cooling, Deputy Dist. Atty., Salida, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellee.

Opinion by Judge PLANK.

The People appeal the trial court's order dismissing charges of second degree and third degree assault filed against the defendant, Robert William Drennon. The district court dismissed the charges pursuant to § 18-1-704.5(3), C.R.S. (1986 Repl.Vol. 8B), which provides that, under certain circumstances, an occupant of a dwelling using any degree of physical force against an intruder shall be immune from criminal prosecution. We reverse...

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