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PEOPLE v. WHALEY

No. 05CA0015.

159 P.3d 757 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph L. WHALEY, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied January 25, 2007.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Rebecca A. Adams, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Todd E. Mair, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge FURMAN.

Defendant, Joseph L. Whaley, appeals the judgment of conviction entered upon a jury verdict finding him guilty of attempted unlawful possession of a schedule III controlled substance (hydrocodone). We reverse and remand for a new trial.

A physician testified that he prescribed Vicodin for defendant on September 23 (thirty units, with one refill), October 13 (sixty units, with one refill), and October 15, 2003 (forty units, with one...

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