Counsel for the defendant in error has filed a brief *410in which he concedes that the issue he raised in the trial court is the same as that which we considered and ruled upon in People of the State of Colorado v. Jimmy Sanchez, 173 Colo. 188, 476 P.2d 980. Consequently, the trial court, having ruled contrary to our holding in Sanchez, erred and we therefore disapprove of its ruling.

The judgment is disapproved.