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PEOPLE v. MERSMAN

No. 04CA0414.

148 P.3d 199 (2006)

THE PEOPLE OF THE STATE OF COLORADO, Plaintiff-Appellee, v. Gary Dean MERSMAN, Jr., Defendant-Appellant.

Colorado Court of Appeals. Division III.

As Modified on Denial of Rehearing May 11, 2006.

Certiorari Denied November 20, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Clemmie Parker Engle, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

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

TAUBMAN, J.

Defendant, Gary Dean Mersman, Jr., appeals the judgment of conviction entered on a jury verdict finding him guilty of aggravated driving with a revoked license, driving under the influence of alcohol, and driving under restraint. We affirm in part, vacate in part, and remand with directions to correct the mittimus.

In August 2003, Mersman borrowed a friend's vehicle to visit his ex-girlfriend, G.D. At the time, G.D. lived in a mobile home owned...

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