People v. Maestas

RULAND, Judge.

Prank Everly Maestas appeals his jury conviction of first degree perjury, § 18-8-502, C.R.S.1973, before a grand jury. We reverse.

The record reflects that the El Paso County grand jury was investigating local heroin traffic. The defendant testified before the grand jury that he did not know George Apodaca and that he had never been in a car with him. This testimony was the basis of his jury conviction.

At an in-camera hearing to determine materiality, the only testimony presented by the People was that of Ronald Pietrafe-so, head of the Organized Crime Strike Force. He testified…