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PEOPLE v. ROSSMAN

No. 04CA0425.

140 P.3d 172 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Conrad Clayton ROSSMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Certiorari Denied June 26, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Matthew S. Holman, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Ann M. Aber, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

ROTHENBERG, J.

Defendant, Conrad Clayton Rossman, appeals the trial court order denying his motion (1) to modify a condition of his probation requiring him to submit to the collection of a biological sample for DNA testing; and (2) to declare § 16-11-204.3, C.R.S.2005, unconstitutional as applied to him and other persons on probation. Because we conclude the trial court did not err in requiring defendant to submit a sample for DNA testing, we affirm.

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