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PEOPLE v. McGHEE

No. 82CA0741.

677 P.2d 419 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. J.B. McGHEE, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 1, 1983.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David B. Savitz, Denver, for defendant-appellant.

BABCOCK, Judge.

Following a second jury trial, defendant, J.B. McGhee, was convicted of sale of narcotic drugs. Before McGhee's first trial, which resulted in mistrial because the jury was unable to reach a verdict, the trial court rejected a proposed plea agreement between McGhee and the prosecutor. On appeal, McGhee seeks reversal of the conviction. Concluding there was error in the giving of certain instructions, we reverse...

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