PEOPLE v. EVANS

No. 83CA1211.

710 P.2d 1167 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert D. EVANS.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 12, 1985.

Certiorari Denied December 9, 1985.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia D. Jones, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Gerald E. Piper, Special Deputy State Public Defender, Denver, for defendant-appellant.


METZGER, Judge.

Defendant, Robert D. Evans, was convicted by a jury of conspiracy to distribute marijuana and possession of marijuana with intent to dispense. On appeal, he contends that he was deprived of his right to a fair jury trial because of juror misconduct, and that the trial court erred in excluding evidence that smoking marijuana was part of defendant's personal religious belief. Finding merit in defendant's first contention, we reverse.

I.

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