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  5. 856 P.2d 26 (1992)
 

PEOPLE v. SMITH

Nos. 91CA1240, 91CA1231.

856 P.2d 26 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard Allen SMITH, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Allen SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied January 28, 1993.

Certiorari Granted July 26, 1993.

Certiorari Denied July 26, 1993.

Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Michael J. Milne, Sr. Deputy Dist. Atty., Brighton, for plaintiff-appellant in No. 91CA1240.

David F. Vela, State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for defendant-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Katherine M. Clark, Asst. Atty. Gen., Denver, for plaintiff-appellee in No. 91CA1231.

Certiorari Granted on No. 91CA1240 July 26, 1993.

Certiorari Denied on No. 91CA1231 July 26, 1993.

Opinion by Judge METZGER.

Defendant, Richard A. Smith, was charged in 1990 with first degree sexual assault, second degree kidnapping, and three counts of habitual offender based on felony convictions he had incurred in 1975, 1980, and 1982. However, prior to trial, the trial court determined that two of these convictions had been unconstitutionally obtained...

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