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PEOPLE v. ATENCIO

No. 26152.

525 P.2d 461 (1974)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steve R. ATENCIO, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

August 12, 1974.

Attorney(s) appearing for the Case

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

On January 19, 1972, defendant-appellant Atencio pleaded nolo contendere to a charge of assault with a deadly weapon, and on September 7, 1972, he was granted probation. On April 23, 1973, Atencio was arrested and held for violation of his probation. Prior to his probation revocation hearing, Atencio filed a motion to suppress illegally seized evidence. The court ruled that it would not consider the motion, stating that the so-called...

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