People v. Johnson

ERICKSON, Justice.

This is an appeal from an order of the Denver District Court which dismissed charges of second-degree burglary, section 18-4-203, C.R.S.1973 (now in 1978 Repl.Vol. 8), and sexual assault in the third degree, section 18-3-404, C.R.S.1973 (now in 1978 Repl.Vol. 8), and suppressed the victim’s identification of the defendant. The ques tion before us is whether the district court erred in suppressing both the lineup and the in-court identification of the defendant and in dismissing the charges against the defendant because of a Crim.P. 5(a)(1) violation. We reverse the trial…