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PEOPLE v. GARLOTTE

No. 95CA0667.

958 P.2d 469 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Irwin H. GARLOTTE, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied August 7, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Matthew S. Holman, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Public Defender, Katherine Brien, Deputy State Public Defender, Denver, for Defendant-Appellant.

Opinion by Judge ROTHENBERG.

Defendant, Irwin H. Garlotte, appeals the trial court order revoking his conditional release and ordering his return to the Colorado State Hospital. He contends that §§ 16-8-115.5, C.R.S. (1996 Cum.Supp.) and 16-8-102(4.5), C.R.S. (1986 Repl.Vol. 8A) are unconstitutional insofar as they allow revocation of a conditional release and the recommitment of an insanity acquittee based solely on the violation of a condition of release...

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