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PEOPLE v. SMITH

No. 96CA0619.

921 P.2d 80 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Susan SMITH, Defendant-Appellee.

Colorado Court of Appeals, Div. A.

June 27, 1996.

Attorney(s) appearing for the Case

Peter F. Michaelson, District Attorney, Titus D. Peterson, Deputy District Attorney, Miles Madorin, Deputy District Attorney, Boulder, for Plaintiff-Appellant.

Lamm, Freeman & Butler, L.L.C., Tom W. Lamm, Patrick D. Butler, Boulder, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

By motion to dismiss this appeal, defendant, Susan Smith, presents the issue whether the People may appeal an order granting a new trial in a criminal case. We conclude that such an appeal is authorized under § 16-12-102(1), C.R.S. (1995 Cum.Supp.) and, therefore, deny the motion to dismiss.

Our understanding of the pertinent facts is gleaned from the People's notice of appeal, as the record has not yet been filed. It appears...

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