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PEOPLE v. GARCIA

No. 96SC206.

940 P.2d 357 (1997)

The PEOPLE of the State of Colorado, Petitioner, v. Mark Anthony GARCIA, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 4, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, M. Catherine Duba, Assistant Attorney General, Criminal Enforcement Section Denver, for Petitioner.

Newell and Martens, Steven P. Martens, Kevin C. Massaro, Denver, for Respondent.

Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to consider whether the court of appeals erred in People v. Garcia, 920 P.2d 878 (Colo.App.1996), in reversing the first degree criminal trespass conviction of Mark Anthony Garcia (Garcia). Because Garcia was not charged with first degree criminal trespass and because the jury was instructed on that crime at the prosecution's request and over the defendant...

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