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PEOPLE v. CARR

No. 07CA1799.

205 P.3d 471 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Randy James CARR, Defendant-Appellee.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing February 19, 2009.

Attorney(s) appearing for the Case

Bonnie Roesink, District Attorney, Brett Barkey, Chief Deputy District Attorney, Matthew D. Barrett, Deputy District Attorney, Jeremy J. Snow, Deputy District Attorney, Craig, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, Andrea R. Manning, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge RULAND.*

Pursuant to the authorization contained in section 16-12-102(1), C.R.S.2008, the People appeal the trial court's order dismissing charges filed against defendant, Randy Carr. We affirm.

Defendant was charged with distribution of marijuana and three habitual criminal counts.

On February 12, 2007, while defendant was in the legal and physical custody of the Department of Corrections (DOC) for a sentence...

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