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   State Courts - Colorado - September 27, 2001

  
People v. Allen, Court of Appeals No. 98CA2043, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 27, 2001, Decided
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Overview: Jury instruction error did not constitute plain error. Trial court did not err in imposing aggravated sentence of six years for vehicular eluding. Defendant received a sentence to which he was exposed by the original charge.

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People v. Graham, Court of Appeals No. 99CA2314, COURT OF APPEALS OF COLORADO, DIVISION ONE, September 27, 2001, Decided
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Overview: Where defendant was convicted of possession with intent to distribute drugs, trial court did not err by denying his motion to suppress evidence obtained during search of passenger compartment of truck incident to defendant's arrest.

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People v. J.A.M. (In re J.A.M.), Court of Appeals No. 00CA1139, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 27, 2001, Decided
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Overview: District court's judgment adjudicating juvenile delinquent was reversed because the court erred in considering the lesser included offense sua sponte.

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People v. Martinez, Court of Appeals No. 00CA1808, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 27, 2001, Decided
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Overview: Defendant's sentence for cocaine possession having been enhanced for possession of a deadly weapon during the commission of that offense, it was error to enhance the sentence further on the basis that he possessed more than 28 grams of cocaine.

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People v. O'Dell, Court of Appeals No. 00CA1656, COURT OF APPEALS OF COLORADO, DIVISION FOUR, September 27, 2001, Decided
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Overview: Sentences imposed on defendant for criminal trespass and felony menacing were proper as court stated it was considering his prior record, circumstances of crime, interests and safety of community, need for rehabilitation, and deterrence of crime.

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People v. Pauley, Court of Appeals No. 00CA0185, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 27, 2001, Decided
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Overview: Where the sentencing court weighed the appropriate sentencing factors and stated the reasons for its decision on the record, its maximum sentence in the presumptive range was not an abuse of discretion.

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People v. Shepherd, Court of Appeals No. 99CA2528, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 27, 2001, Decided
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Overview: Conviction and habitual criminal finding were upheld where defendant did not make offer of proof of choice of evils defense, there was no plain error in prosecutor's closing argument, and defendant failed to challenge prior convictions.

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Schreck v. T & C Sanderson Farms, Court of Appeals No. 00CA1453, COURT OF APPEALS OF COLORADO, DIVISION TWO, September 27, 2001, Decided
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Overview: Purchase option for property was timely exercised by oral assertion, and contained necessary elements for specific performance by including party names, specific description of property, and provided purchase price by appraisal.

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Wilcox v. Clark, Court of Appeals No. 99CA0994, COURT OF APPEALS OF COLORADO, DIVISION THREE, September 27, 2001, Decided
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Overview: Relief granted landlord was for, and in nature of forcible entry and detainer action, and award of attorney fees in such action was in nature of compensatory damages, even if judgment involved interpretation of lease.

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