PEOPLE v. FORTUNE

No. 96SA345.

930 P.2d 1341 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Timothy FORTUNE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 13, 1997.


Attorney(s) appearing for the Case

John W. Suthers, District Attorney, Fourth Judicial District, Elizabeth Anne Kirkman, Deputy District Attorney, Gordon R. Denison, Colorado Springs, for Plaintiff-Appellant.

Elvin L. Gentry, P.C., Elvin L. Gentry, Marla Prudek, Colorado Springs, for Defendant-Appellee.


Justice SCOTT delivered the Opinion of the Court.

In this interlocutory appeal, we review an order of the trial court suppressing evidence obtained pursuant to a search warrant. The affidavit supporting the search warrant did not include information related to the child-victim's background prior to the incident in question. The trial court concluded that the warrant was not supported by probable cause because the affidavit...

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