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PEOPLE v. ROGERS

No. 86SA156.

742 P.2d 912 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Lynn ROGERS and the District Court within and for the Twenty-Second Judicial District of the State of Colorado and the Honorable Robert Wilson, Judge thereof, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 5, 1987.

Attorney(s) appearing for the Case

Dean J. Johnson, Dist. Atty., Karen S. Winchester, Deputy Dist. Atty., Cortez, for plaintiff-appellant.

David F. Vela, Public Defender, Douglas D. Barnes, Deputy Public Defender, Denver, for defendants-appellees.

ERICKSON, Justice.

This is an appeal from a district court order dismissing felony charges against the defendant, David Rogers, for possession, cultivation, and conspiracy to cultivate marijuana in violation of sections 18-18-106(4)(b), 18-18-106(8)(a)(I), 18-2-201, 8B C.R.S. (1986). During a search of the defendant's residence pursuant to a search warrant, the police found marijuana, marijuana plants, tools for its cultivation and consumption, and three talons of...

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