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PEOPLE v. HARLAN

No. 03SA173.

109 P.3d 616 (2005)

In re: Plaintiff-Appellant: The PEOPLE of the State of Colorado, v. Defendant-Appellee: Robert Eliot HARLAN.

Supreme Court of Colorado.

As Modified on Denial of Rehearing April 18, 2005.

Attorney(s) appearing for the Case

Don Quick, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Bradley V. Varmo, Deputy District Attorney, Brighton, Steven L. Bernard, Chief Deputy District Attorney, Nineteenth, Judicial District, Acting as Special Deputy District Attorney, for the Seventeenth Judicial District, Greeley, for Plaintiff-Appellant.

David S. Kaplan, Colorado State Public Defender, Kathleen A. Lord, Chief Appellate Deputy Public Defender, Denver, for Defendant-Appellee.

Burns, Figa & Will, P.C., Michael J. Norton, Englewood, for Amicus Curiae in Support of Plaintiff-Appellant.

HOBBS, Justice.

Pursuant to C.A.R. 21, we review the prosecution's challenge to the trial court's judgment vacating a jury verdict imposing the death penalty on Robert Eliot Harlan and imposing a sentence of life imprisonment without the possibility of parole. We uphold the trial court's order and judgment, and discharge the rule.

Previously, we affirmed Harlan's death sentence. People v. Harlan, 8 P.3d 448 (Colo.2000...

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