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PEOPLE v. DUNCAN

No. 03CA0586.

109 P.3d 1044 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary Leigh DUNCAN, Defendant-Appellant.

Colorado Court of Appeals, Division III.

Rehearing Denied February 10, 2005.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Jennifer M. Smith, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Ned Jaeckle, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

TAUBMAN, J.

Defendant, Gary Leigh Duncan, appeals the judgment of conviction entered upon a jury verdict finding him guilty of one count of failure to register as a sex offender. Specifically, defendant challenges the trial court's denial of his motion for judgment of acquittal. We reverse and remand.

I. Background

In 1990, defendant was convicted of first degree sexual assault and sentenced to thirteen years in the Department of Corrections. Defendant...

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