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PEOPLE v. GALLEGOS

Nos. 10SA186, 10SA187, 10SA188, 10SA189, 10SA190.

251 P.3d 1056 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Ignacio Byron GALLEGOS, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Fernando Lopez, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Josiah Angelo Gallegos, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Demetrius Clyde Santistevan, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellant v. Jorge Perez, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 11, 2011.

Attorney(s) appearing for the Case

Daniel H. May , District Attorney, Fourth Judicial District, Terry Sample , Deputy District Attorney, Deborah F. Pearson , Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Plaintiff-Appellant.

Davide C. Migliaccio , Colorado Springs, Colorado, Attorney for Defendant-Appellees Ignacio Gallegos, Fernando Lopez, Josiah Gallegos, and Demetrius Santistevan.

Barker & Tolini, P.C., Joshua Tolini , Jeff J. Barker , Colorado Springs, Colorado, Attorneys for Defendant-Appellee Jorge Perez.

Justice MARTINEZ delivered the Opinion of the Court.

In this case, we consolidate five separate interlocutory appeals by the People. All of the defendants were allegedly part of the same conspiracy to distribute illegal narcotics, and their arrests resulted from the same set of wiretap orders. The five defendants then joined in a Motion to Suppress Evidence Derived from Illegal Wiretaps, which was subsequently granted by...

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