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PEOPLE v. SMITH

No. 98SA452.

984 P.2d 50 (1999)

The PEOPLE of the State of Colorado, Plaintiff, v. Dennis SMITH, Defendant.

Supreme Court of Colorado, En Banc.

June 28, 1999.

Attorney(s) appearing for the Case

Edward J. Rodgers III, District Attorney, Eleventh Judicial District, Norman C. Cooling, Deputy District Attorney, Canon City, Colorado, Attorneys for Plaintiff.

No Appearance by or on behalf of Defendant.

Justice SCOTT delivered the Opinion of the Court.

Pursuant to C.A.R. 21, the People (State) brought this original proceeding seeking our review of a ruling of the District Court of the Eleventh Judicial District (trial court). The trial court dismissed one of two criminal counts against the defendant below, Dennis Smith (respondent), an inmate in the custody of the Department of Corrections.1 Respondent was charged with possession of contraband...

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