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PENA v. PEOPLE

No. 06SC491.

173 P.3d 1107 (2007)

Jose PENA, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing January 14, 2008.

Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender Kathleen A. Lord, Deputy State Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Justice RICE delivered the Opinion of the Court.

The Petitioner, Jose Pena, argues that the court of appeals erroneously applied the doctrine of forfeiture by wrongdoing in his case to allow into evidence out-of-court statements made by his accuser. See People v. Pena, No. 03CA0892, 2006 WL 20797 (Colo.App. Jan. 5, 2006) (not selected for official publication). Pena further argues that, even if he forfeited his right of confrontation, he should be able to object...

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