PEOPLE v. SAINT-VELTRI

No. 94CA0872.

935 P.2d 34 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James E. SAINT-VELTRI, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 29, 1996.

Certiorari Granted April 14, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Roger G. Billotte, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge CRISWELL.

Defendant, James E. Saint-Veltri, appeals the judgment of conviction entered on a jury verdict finding him guilty of one count of possession of a controlled substance (cocaine). We reverse and remand for a new trial.

I.

Defendant first contends that the trial court failed to advise him adequately concerning his decision whether to testify at trial. We agree.

A trial court must seek to assure that a defendant's waiver...

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