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PEOPLE v. GALLEGOS

Nos. 95SA50, 94SA444.

904 P.2d 486 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Sharon GALLEGOS, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Roy Damian MITCHELL, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 14, 1995.

Attorney(s) appearing for the Case

G.F. Sandstrom, District Attorney, Tenth Judicial District, M. Katherine Howard, Deputy District Attorney, Pueblo, for Plaintiff-Appellant.

No appearance on behalf of Sharon Gallegos.

David F. Vela, State Public Defender, Karen M. Gerash, Deputy State Public Defender, Denver, for Roy Damian Mitchell.

Rehearing Denied (Mitchell) November 14, 1995.

Justice MULLARKEY delivered the Opinion of the Court.

We have consolidated for opinion two cases, People v. Gallegos, No. 95SA50, and People v. Mitchell, No. 94SA444, because they raise identical issues. The People seek review of the trial court orders in both cases which dismissed the second degree assault charges against Gallegos and Mitchell, the defendants, on grounds that section 18-3-203(1...

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