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PEOPLE v. VIALPANDO

No. 25833.

514 P.2d 622 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernest A. VIALPANDO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

October 1, 1973.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Aurel M. Kelly, Patricia W. Robb, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, T. Michael Dutton, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted of possession of marijuana. The Attorney General has confessed error. We agree with the Attorney General and reverse.

The only witness for the People was Officer Rennert of the Denver Police Department. He testified along the following lines. While patrolling in a police car with Officer Gimeno, they stopped a car for speeding. The defendant was a passenger in the car. The police car stopped behind the other car...

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