PEOPLE v. APODACA

No. 75-697.

561 P.2d 351 (1976)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernesto APODACA, Jr., and Frank Perez, Defendants-Appellants.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 23, 1976.

Certiorari Granted March 21, 1977.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendants-appellants.


Selected for Official Publication.

BERMAN, Judge.

Defendants, Ernesto Apodaca and Frank Perez, appeal their convictions by a jury of second degree burglary and felony theft. We reverse.

At approximately 3:00 a.m. on April 11, 1975, Officer Noyes was in his sheriff's car patrolling in La Junta, Colorado. He saw a car exit from a private alley and, after observing the vehicle in his rearview mirror, made a U-turn and followed it. This action was prompted...

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