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PEOPLE v. GIBBENS

No. 94SC428.

905 P.2d 604 (1995)

The PEOPLE of the State of Colorado, Petitioner, v. Terry Dwayne GIBBENS, Respondent.

Supreme Court of Colorado, En Banc.

November 6, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Catherine P. Adkisson, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner.

Alan J. Dunn, Wheat Ridge, for Respondent.

Justice LOHR delivered the Opinion of the Court.

The defendant, Terry Dwayne Gibbens, was tried by a jury and convicted of aggravated incest against his son. On appeal, the Colorado Court of Appeals concluded that the trial court erred in admitting into evidence a tape recorded conversation involving the defendant, the boy, and the boy's mother. People v. Gibbens, No. 92CA1804 (Colo.App. May 12, 1994) (not selected for publication). The court of appeals reversed...

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