[Download] "People V. Sequin" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: People V. Sequin
- Author : Colorado Supreme Court
- Release Date : January 31, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
A plain reading of section 42-5-102(2), C.R.S. 1973 (1979 Supp.) admits of only one conclusion -- that the statute is unconstitutionally vague and overbroad. Section 42-5-102(2) provides that "Any person . . . who knowingly possesses an automobile or automobile part containing [a] removed, changed, altered, or obliterated vehicle identification number . . . commits a class 4 felony . . . ." (Emphasis added.) The statute does not state that any person who possesses an automobile or automobile parts and has knowledge that it contains removed, altered, etc., vehicle numbers has committed a class 4 felony. Thus, as it is presently drafted, the statute prohibits possession of an automobile or automobile parts even if the owner is unaware that the identification numbers have been altered. Such a statute clearly violates constitutional due process.
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