People v. VALASQUEZ

QUINN, Justice.

The People appeal 1 from a judgment of dismissal entered at the conclusion of the trial evidence. The trial court granted the motion of the defendant, Richard Velasquez, to dismiss the charge of possession of a marihuana concentrate, namely 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…