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PEOPLE v. FISHER

No. 83CA0994.

700 P.2d 931 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Langburn FISHER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

April 25, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Dolores S. Atencio, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Claire Levy, Deputy State Public Defender, Denver, for defendant-appellant.

VAN CISE, Judge.

Defendant, Langburn Fisher, appeals from a judgment of conviction entered in 1983 on a jury verdict finding him guilty of eleven counts of burglary and three counts of class 3 and seven counts of class 4 theft committed in 1982. We reverse and remand for a new trial.

I.

In instructing the jury concerning the inference that arises from evidence of exclusive, unexplained possession of recently...

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