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PEOPLE v. FLEMING

No. 88CA1717.

804 P.2d 231 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jack Eugene FLEMING, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing September 6, 1990.

Certiorari Granted February 11, 1991.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Russel, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Jack Eugene Fleming, pro se.

James A. Carleo, Colorado Springs, for defendant-appellant (on the briefs).

Opinion by Judge PLANK.

Defendant, Jack Eugene Fleming, appeals the judgment of conviction entered on jury verdicts finding him guilty of theft of more than $10,000 and extortion. He contends that the trial court erred in failing to suppress records subpoenaed from his stockbroker's account and in refusing his proffered theory of the case instruction. We affirm the extortion conviction and reverse and remand for a new trial on the theft charge.

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