HINOJOS-MENDOZA v. PEOPLE

No. 05SC881.

169 P.3d 662 (2007)

Oscar HINOJOS-MENDOZA, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 5, 2007.


Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Matthew D. Grove, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.


Justice RICE delivered the Opinion of the Court.

In this case we must decide the constitutionality of section 16-3-309(5), C.R.S. (2006),1 in light of the United States Supreme Court's decision in Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004). The Petitioner, Oscar Hinojos-Mendoza, argued in the court of appeals that Crawford rendered section 16-3-309(5) facially...

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