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PEOPLE v. GARCIA

No. 90SC416.

815 P.2d 937 (1991)

The PEOPLE of the State of Colorado, Petitioner, v. Pete GARCIA, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing September 16, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Paul Koehler and Douglas J. Friednash, Asst. Attys. Gen., Denver, for petitioner.

David F. Vela, Colorado State Public Defender, and Robin Desmond, Deputy State Public Defender, Denver, for respondent.

Justice QUINN delivered the Opinion of the Court.

We granted certiorari to consider whether the court of appeals erred in People v. Garcia, 799 P.2d 413 (Colo.App. 1990), when it ordered the trial court to conduct an evidentiary hearing on the claim of the defendant, Pete Garcia, that his conviction on the charge of accessory to first degree assault was constitutionally infirm as violative of his constitutional right to effective...

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