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PEOPLE v. TOMEY

No. 97CA1870.

969 P.2d 785 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Terry TOMEY, Defendant-Appellant.

Colorado Court of Appeals. Div. I.

Rehearing Denied November 27, 1998.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Mignon H. Adolph, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Sherman P. Romney, Craig, for Defendant-Appellant.

Opinion by Judge ROTHENBERG.

Defendant, Terry Tomey, appeals the trial court's order denying his Crim. P. 35(c) motion based on newly discovered evidence. We reverse and remand for further proceedings.

A jury found defendant guilty of felony menacing and second degree assault. But, because of a juror having failed to disclose during voir dire that he was previously married to defendant's wife, the trial court granted defendant's motion for a new trial. Before...

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