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MONTANEZ v. PEOPLE

No. 97SC174.

966 P.2d 1035 (1998)

David MONTANEZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado. En Banc.

June 29, 1998.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Claudia Brett Goldin, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

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, Clemmie P. Engle, Senior Assistant Attorney General, Criminal Enforcement Section, Denver, Colorado, Attorneys for Respondent.

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in People v. Montanez, 944 P.2d 529 (Colo.App.1996), to determine whether a jury in a criminal case was properly recalled and allowed to amend its verdict after being formally discharged by the Jefferson County District Court (trial court). The court of appeals determined...

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