MEDINA v. PEOPLE

No. 06SC188.

163 P.3d 1136 (2007)

Juanita Victoria MEDINA, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 13, 2007.


Attorney(s) appearing for the Case

Douglas K. Wilson, Colorado State Public Defender Karen N. Taylor, Deputy State Public Defender Denver, CO, Attorneys for Petitioner.

John W. Suthers, Attorney General, Cheryl Hone Canaday, Assistant Attorney General Appellate Division, Criminal Justice Section Denver, CO, Attorneys for Respondent.


Justice BENDER delivered the Opinion of the Court.

Introduction

A jury found Defendant Juanita Victoria Medina guilty of class 5 felony accessory following the trial court's instruction and both parties' argument at trial with regard to the elements of the class 5 felony accessory charge. Nonetheless, at sentencing, the trial court stated that Medina had been convicted of class 4 felony accessory, a greater offense, and sentenced her to the maximum possible...

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