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PEOPLE v. ARGUELLO

No. 87SC212.

772 P.2d 87 (1989)

The PEOPLE of the State of Colorado, Petitioner, v. Fidel Helario ARGUELLO, a/k/a John Clifford, Respondent.

Supreme Court of Colorado, En Banc.

April 17, 1989.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., David R. Little, Asst. Atty. Gen., Paul H. Chan, Asst. Atty. Gen., Denver, for petitioner.

Lee D. Foreman, Saskia Jordan, Haddon, Morgan & Foreman, P.C., Denver, for respondent.

MULLARKEY, Justice.

We granted certiorari to review the court of appeals' decision, People v. Arguello, 737 P.2d 442 (Colo.Ct.App.1987), which reversed the felony escape conviction of Fidel Helario Arguello. The court of appeals held that the prosecution did not meet its burden of showing by clear and convincing evidence that defendant through his conduct effectuated a waiver of his right to counsel. We disapprove of the court...

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