PEOPLE v. CROSS

No. 02CA0151.

114 P.3d 1 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brian M. CROSS, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing December 9, 2004.

Certiorari Granted June 6, 2005.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Jason C. Middleton, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge ROY.

Defendant, Brian M. Cross, appeals the judgment of conviction entered on jury verdicts finding him guilty of two counts of felony harassment by stalking, § 18-9-111(4)(b)(I), (III), C.R.S.2003, and one count of misdemeanor harassment, § 18-9-111(1)(c), C.R.S.2003. We reverse and remand for a new trial.

From mid-April until June 2001, defendant went to a shopping center almost daily and spent several hours sitting on benches...

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