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PEOPLE v. SCEARCE

No. 01CA1660.

87 P.3d 228 (2003)

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

Colorado Court of Appeals, Div. I.

Rehearing Denied January 15, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge DAILEY.

Defendant, Terry Scearce, appeals the judgment of conviction, habitual offender sentence, and order of restitution, entered following a jury verdict finding him guilty of conspiracy to commit aggravated robbery. We reverse the judgment of conviction, vacate the habitual criminal adjudication and restitution order, and remand the case for a new trial.

Defendant was charged in this case with attempted second degree murder, first degree...

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