PEOPLE v. McCLAIN

No. 06SA268.

149 P.3d 787 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jerome Rashad McCLAIN, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 8, 2007.


Attorney(s) appearing for the Case

Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Rhoda T. Hafiz, Deputy District Attorney, Brighton, Colorado, Attorneys for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, Stefanie Gaffigan, Deputy State Public Defender, Brighton, Colorado, Attorneys for Defendant-Appellee.


Justice RICE delivered the Opinion of the Court.

In this interlocutory appeal taken pursuant to C.A.R. 4.1, we review a suppression order from the Adams County District Court. We find that the trial court erroneously suppressed cocaine the defendant allegedly disposed of prior to being arrested, and we therefore reverse the order suppressing the cocaine.

I. Facts and Procedural History

The defendant, Jerome McClain, has been charged with Possession...

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