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SMITH v. PEOPLE

No. 93SC148.

872 P.2d 685 (1994)

Richard A. SMITH, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 16, 1994.

Attorney(s) appearing for the Case

David F. Vela, Colorado, State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, for petitioner.

Robert S. Grant, Dist. Atty., Seventeenth Judicial Dist., Michael J. Milne, Sr. Deputy Dist. Atty., Brighton, for respondent.

Justice SCOTT delivered the Opinion of the Court.

We granted certiorari in People v. Smith, 856 P.2d 26 (Colo.App.1992), to determine whether the court of appeals erred in remanding the present matter to the trial court for a habitual criminal adjudication, after the jury had already rendered its verdict and was discharged. Because the state habitual criminal sentencing statute requires that the same jury empaneled to try the...

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