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PEOPLE v. CHAVEZ

No. 80SA187.

629 P.2d 1040 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Manuel CHAVEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

June 1, 1981.

Attorney(s) appearing for the Case

Stephan A. Tisdel, Dist. Atty., LaJunta, for plaintiff-appellant.

J. Gregory Walta, Colorado State Public Defender, Shelley Gilman, Deputy State Public Defender, Colorado Springs, for defendant-appellee.

QUINN, Justice.

The People appeal from a judgment of the district court of Otero County holding section 16-8-105(4), C.R.S.1973 (1978 Rep. Vol. 8), unconstitutional as applied to the defendant, Manuel Chavez. That section requires the court to automatically commit a defendant found not guilty by reason of insanity to the department of institutions until such time as he is found eligible for release. The court concluded that the commitment of the defendant, without...

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