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PEOPLE v. McNEESE

No. 92CA0929.

865 P.2d 881 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert Earl McNEESE, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 17, 1993.

Certiorari Granted January 10, 1994.

Attorney(s) appearing for the Case

Norm S. Early, Jr., Denver Dist. Atty., Nathan B. Coats, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Frances Smylie Brown and Stephen M. Flavin, Deputy State Public Defenders, Denver, for defendant-appellee.

Opinion by Judge TURSI.

The People appeal the trial court's order dismissing charges of second degree murder filed against the defendant, Robert Earl McNeese. After a pretrial hearing, the court dismissed the charges pursuant to § 18-1-704.5, 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 unlawful intruder shall be immune from criminal prosecution. We affirm...

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