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PEOPLE v. JOHNSON

No. 95SC213.

906 P.2d 122 (1995)

The PEOPLE of the State of Colorado, Petitioner, v. Richard Eric JOHNSON, Respondent.

Supreme Court of Colorado, En Banc.

November 14, 1995.

Attorney(s) appearing for the Case

Michael C. Stern, District Attorney, Seventh Judicial District, Wyatt B. Angelo, Assistant District Attorney, Delta, for Petitioner.

Clay, Dodson & Sanford, P.C., Michael R. Dodson, Delta, for Respondent.

Chief Justice VOLLACK delivered the Opinion of the Court.

Pursuant to C.A.R. 50, we granted certiorari in People v. Johnson, No. 94CR99 (Dist.Ct. Dec. 12, 1994), a case pending in the court of appeals. The issue before us is whether, absent a restraining order, an estranged spouse is privileged or licensed to enter the separate residence of the other spouse so as to create a defense to charges of second degree burglary and first degree criminal trespass.

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