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PEOPLE v. PISKULA

No. 28191.

595 P.2d 219 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert PISKULA, Jr., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 13, 1979.

Attorney(s) appearing for the Case

William D. Harmsen, Jr., Dist. Atty., Reid C. Pixler, Deputy Dist. Atty., Delta, for plaintiff-appellant.

Woodrow, Roushar, Weaver & Withers, Victor T. Roushar, Montrose, for defendant-appellee.

ROVIRA, Justice.

The People appeal the trial court's order granting the defendant's pre-trial motion to dismiss both counts of the information for felony theft under section 18-4-401, C.R.S.1973. The trial court held that the action constituted a criminal prosecution for a civil debt in violation of Colo.Const. Art. II, Sec. 12. We reverse and remand for further proceedings.

In February of 1977 the defendant contracted with Roland and Virginia Beaver...

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