PEOPLE v. LANZIERI

No. 99SC596.

25 P.3d 1170 (2001)

The PEOPLE of the State of Colorado, Petitioner, v. Eric LANZIERI, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 2, 2001.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Robert Mark Russell, Assistant Solicitor General and Special Deputy District Attorney, A.M. Dominguez, District Attorney, John D. Seidel, Special Deputy District Attorney, Denver, CO, Attorneys for Petitioner.

David Kaplan, Colorado State Public Defender, Andrew C. Heher, Deputy State Public Defender, Denver, CO, Attorneys for Respondent.


Chief Justice MULLARKEY delivered the Opinion of the Court.

We granted certiorari to review the court of appeals' opinion in People v. Lanzieri, 996 P.2d 156 (Colo.App.1999). Eric Lanzieri was tried and found guilty of escape in 1998. Lanzieri filed a motion for judgment of acquittal notwithstanding the verdict, arguing that he could not be guilty of escape since he had never lawfully been placed into custody. The trial court...

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