PEOPLE v. ASBERRY

No. 04CA2431.

172 P.3d 927 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Shawn Devin ASBERRY, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

May 31, 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, Rebecca R. Freyre, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge BERNARD.

Defendant, Shawn Devin Asberry, appeals the judgment of conviction entered upon a jury verdict finding him guilty of possession of one gram or less of a schedule II controlled substance, a class six felony, § 18-18-405(1), (2.3)(a)(I), C.R.S.2006. We affirm.

I. Background

The following facts are undisputed. On July 30, 2003, two Denver police officers saw defendant walking in the 1600 block of Washington Street. One...

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