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PEOPLE v. DUNAWAY

No. 02SC675.

88 P.3d 619 (2004)

The PEOPLE of the State of Colorado, Petitioner, v. Anthony L. DUNAWAY, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 3, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Laurie A. Booras, First Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Petitioner.

David S. Kaplan, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Denver, Colorado, Attorneys for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

I. Introduction

In this case, we review the conviction of Anthony Dunaway for Child Abuse Resulting in Serious Bodily Injury. The court of appeals reversed his conviction on the basis that the trial court instructed the jury on two alternative theories of culpability for the crime, and the evidence did not support both of those theories beyond a reasonable doubt...

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