People v. Ybarra

PIERCE, Judge.

Defendant, Daniel Ybarra, appeals his convictions of two counts of sale of narcotic drugs, conspiracy to sell narcotic drugs, and his adjudication and punishment as an habitual criminal. We affirm.

I

The People submitted evidence before a grand jury on a single habitual criminal count. Thereafter, the indictment was dismissed because of § 16-13-103(2), C.R.S. 1973 (1978 Repl. Vol. 8), and an information was filed containing the same allegations but in several counts. At trial, a statutory reference in the information’s habitual criminal count was amended from C.R.S. 1963, 48-5-20…