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PEOPLE v. ZAMORA

No. 82CA0560.

665 P.2d 153 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Robert ZAMORA, Defendant, and Anthony Ullibari, Witness-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 21, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sp. Asst. Atty. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

John E. Popovich, Jr., Denver, for witness-appellant.

KELLY, Judge.

A one-year sentence for contempt was imposed on Anthony Ullibari for his refusal to testify in the prosecution of William Robert Zamora. Ullibari contends that there was insufficient evidence to support the judgment. He further argues that the one-year sentence was impermissible because no opportunity for a jury trial was given. We affirm the finding of contempt, vacate the sentence and remand the case to the trial court for resentencing not in excess...

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