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PEOPLE v. MARTINEZ

No. 88SA168.

780 P.2d 560 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ernest David MARTINEZ, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

October 16, 1989.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., John R. Parsons, Deputy Dist. Atty., and Steven L. Bernard, Chief Trial Deputy, Brighton, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, and Thomas M. VanCleave, III, Deputy State Public Defender, Denver, for defendant-appellee.

Justice ROVIRA delivered the Opinion of the Court.

The People, pursuant to section 16-12-102(1), 8A C.R.S. (1986),1 appeal the jury instruction given at the trial of the defendant, Ernest David Martinez, who was acquitted of the charge of possession of a weapon by a previous offender. The trial court defined "possess" to be the "exercise of exclusive control over an item." We believe that the trial court's definition is incorrect and disapprove...

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