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   State Courts - Colorado - February 26, 2004

  
People v. Shepard, Court of Appeals No. 01CA2228, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 26, 2004, Decided
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Overview: In a sexual exploitation of a child case, a court did not err by imposing an aggravated sentence without making on-the-record findings where defendant stipulated to the sentence in the aggravated range as part of a plea agreement.

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People v. Stafford, Court of Appeals No. 02CA1480, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 26, 2004, Decided
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Overview: Order of restitution was affirmed because neither the Eighth Amendment nor due process was violated by ordering defendant to pay the full pecuniary loss caused by his criminal conduct.

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People v. Wallace, Court of Appeals No. 02CA1012, COURT OF APPEALS OF COLORADO, DIVISION FOUR, February 26, 2004, Decided
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Overview: A trial court's conclusion that, under the totality of the circumstances, defendant was not subjected to custodial interrogation in violation of Miranda when he was questioned in his bedroom, was supported by evidence in the record.

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Rosales v. City & County of Denver, Court of Appeals No. 02CA2432, COURT OF APPEALS OF COLORADO, DIVISION TWO, February 26, 2004, Decided
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Overview: A finding that a tree was a public facility located in a park was improper where the phrase "public facility" referred to a facility built or constructed by a public entity and did not refer to a natural object such as a tree.

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Sholar Group Architects, P.C. v. Sooper Credit Union, Court of Appeals No. 02CA2559, COURT OF APPEALS OF COLORADO, DIVISION ONE, February 26, 2004, Decided
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Overview: In architects' appeal of confirmation of corrected arbitration award, judgment was reversed; arbitrator exceeded his powers to modify the award because corrected award did not properly remedy an "evident miscalculation of figures."

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Snyder v. Colo. Podiatry Bd., Court of Appeals No. 02CA1648, COURT OF APPEALS OF COLORADO, DIVISION FIVE, February 26, 2004, Decided
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Overview: In podiatrist's appeal of license revocation, judgment was affirmed; as ultimate fact of podiatrist's violation of statute had reasonable basis in law and was supported by substantial evidence, appellate court could not set aside determination.

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