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PEOPLE v. SCHUPPER

No. 03CA1554.

124 P.3d 856 (2005)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Sanford B. SCHUPPER, a/k/a Sanford Schudder, a/k/a Sandy B. Schupper, a/k/a Sanford B. Schepper, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 14, 2005.

Certiorari Granted December 19, 2005.

Attorney(s) appearing for the Case

John R. Newsome, District Attorney, Robyn J. Cafasso, Deputy District Attorney, William Edie, Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant.

Dennis W. Hartley, P.C., Dennis W. Hartley, Colorado Springs, Colorado, for Defendant-Appellee.

DAILEY, J.

The People appeal the district court's order vacating defendant Sanford B. Schupper's judgment of conviction and sentence for theft and granting him a new trial. We reverse and remand with directions.

I. Facts

Defendant was charged with theft and fraud by check. The judge to whom this case was assigned had previously been a member of the local district attorney's office. During the trial proceedings, defendant three times requested...

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