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People V. Velasquez

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eBook details

  • Title: People V. Velasquez
  • Author : Colorado Supreme Court
  • Release Date : January 18, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

The people appeal from a judgment of dismissal entered at the conclusion for the trial evidence. The trial court granted the motion of the defendant, Richard Velasquez, to dismiss the charge of possession of a marihuana concentrate, nemely hashish, section 18-18-106(4)(b)(I), C.R.S. 1973 (1982 Supp.), on the ground that the conduct proscribed by this class 5 felony offense is indistinguishable from the conduct proscribed by the class 2 petty offense of possession of "not more than one ounce of marihuana," section 18-18-106(1), C.R.S. 1973 (1982 Supp.), and that, therefore, the application of the felony statute to the defendant violated equal protection of the laws. U.S. Const. Amend. XIV; Colo. Const. Art. II, Sec. 25. We disapprove the judgment of dismissal.


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