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PEOPLE v. AKERS

No. 91CA1769.

870 P.2d 528 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terrance AKERS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 23, 1993.

Certiorari Denied April 11, 1994.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Shawn D. Mitchell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge NEY.

Defendant, Terrance Akers, appeals the judgment of conviction entered on a jury verdict finding him guilty of assault on a guard, taking hostages, and escape, and adjudicating him an habitual offender. We reverse and remand for a new trial.

Defendant's sole contention on appeal is that because he was not advised of his right to testify and because his waiver of that right was not placed on the record, both of which are mandated by

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