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CERRONE v. PEOPLE

Nos. 94SC150, 94SC351.

900 P.2d 45 (1995)

John CERRONE, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. Lawrence GOETZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 31, 1995.

Rehearing Denied August 28, 1995.

Attorney(s) appearing for the Case

Neil MacFarlane, Westminster, CO, for petitioner John Cerrone.

James A. Henderson, Denver, CO, for petitioner Lawrence Goetz.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Catherine P. Adkisson, Asst. Atty. Gen., Crim. Enforcement Section, Denver, CO, for respondent.

Rehearing Denied (Goetz) July 31, 1995.

Rehearing Denied (Cerrone) August 28, 1995.

Justice ERICKSON delivered the Opinion of the Court.

We granted certiorari and consolidated for argument and decision People v. Cerrone, 867 P.2d 143 (Colo.App.1993) (Cerrone III) and People v. Goetz, No. 90CA0514 (Colo.App. Apr. 14, 1994) (not selected for publication) (Goetz II).1

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