People v. Vincent

ERICKSON, Justice.

Pursuant to C.A.R. 4.1, the prosecution has appealed an order suppressing evidence and foreclosing the use of the defendant’s criminal record as derivative evidence or fruit of the poisonous tree. We reverse and remand with directions.

The defendant was arrested and charged with unlawfully carrying a concealed weapon (firearm). Section 18-12-105(l)(b), C.R. S.1973, (1978 Repl.Vol. 8). The loaded .22 caliber revolver recovered from the defendant, with its telltale serial number, led to the discovery of the defendant’s true identity and his prior convictions for burglary in…