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PEOPLE v. LUNA

Nos. 82CA1200, 82CA1206.

683 P.2d 362 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Corleen LUNA, Defendant-Appellant, and The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Felix S. HERRERA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 3, 1984.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Virginia Byrnes, Asst. Atty. Gen., Denver, for plaintiffs-appellees.

David F. Vela, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, Denver, for defendants-appellants.

Maynes, Bradford & Shipps, Thomas H. Shipps, Durango, for Southern Ute Indian Tribe of the Southern Ute Indian Reservation, amicus curiae.

VAN CISE, Judge.

Charged with sale and distribution of controlled substances, defendants, Corleen Luna and Felix S. Herrera, moved to dismiss the information on the ground that the state lacked jurisdiction to prosecute because these alleged crimes were committed by Indians in "Indian country." After an evidentiary hearing, the motion was denied.

Following a trial to the court, Luna was convicted of sale and Herrera of conspiracy to distribute controlled substances...

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