PEOPLE v. WHITLEY

No. 97CA1096.

998 P.2d 31 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Henry L. WHITLEY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing September 23, 1999.

Certiorari Granted May 1, 2000.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Denver, Colorado (On the Briefs); Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McClachlan, Solicitor General, Robert M. Russel, First Assistant Attorney General, Heidi L. Beeson, Special Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Anne Stockham, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge MARQUEZ.

Defendant, Henry L. Whitley, appeals from the judgment of conviction entered on jury verdicts finding him guilty of one count of possession of a schedule II controlled substance (cocaine) with intent to distribute and one count of distribution or sale of a schedule II controlled substance. We affirm.

The evidence at trial established that defendant sold cocaine to an undercover police officer. Defendant was sentenced as a prior offender...

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