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PEOPLE v. SCHUETT

No. 91SC471.

833 P.2d 44 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. Sherman SCHUETT, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 10, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for petitioner.

Lowery, Lamb and Lowery, P.C., Philip E. Lowery, Timothy J. Lamb, Denver, for respondent.

Justice QUINN delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' decision in People v. Schuett, 819 P.2d 1062 (Colo.App.1991), which reversed the conviction of the defendant, Sherman Schuett, for second degree kidnapping and remanded the case for a new trial on that charge. The court of appeals held that the trial court committed plain error when...

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