PEOPLE v. NICHOLS

No. 94CA1669.

920 P.2d 901 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frederick A. NICHOLS, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied June 27, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Matthew S. Holman, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Amado L. Cruz, Denver, for Defendant-Appellant.


Opinion by Judge ROTHENBERG.

Defendant, Frederick Anthony Nichols, appeals the judgment of conviction entered upon a jury verdict finding him guilty of second degree burglary, robbery, and conspiracy. Nichols challenges both the sufficiency of the evidence and the application of a mandatory minimum statute to his sentence. We affirm the conviction, but remand for resentencing.

According to the prosecution's evidence, on October 18, 1993, Nichols and one of...

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