PEOPLE v. ELLINGTON

No. 92SA241.

854 P.2d 223 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Clayton ELLINGTON, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 6, 1993.


Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Roger G. Billotte, Asst. Atty. Gen., Appellate Section, Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, David M. Furman, Deputy State Public Defender, Denver, for defendant-appellant.


Justice VOLLACK delivered the Opinion of the Court.

Appellant Clayton Ellington (Ellington) appeals from a district court order denying a motion to suppress evidence, and from a judgment of conviction requiring Ellington to pay a $2,000 drug offender surcharge. We separately consider each order.

I.

Ellington contends that imposition of a surcharge pursuant to section 18-19-103, 8B C.R.S. (1992 Supp.), violates the proscriptions against ex post facto...

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