PEOPLE v. MALLOY

No. 05CA1344.

178 P.3d 1283 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark W. MALLOY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

January 10, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Elizabeth Rohrbough, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Andrea R. Manning, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge DAILEY.

Defendant, Mark W. Malloy, appeals the judgments of conviction entered on jury verdicts finding him guilty of possession of a schedule II controlled substance (methamphetamine) and criminal mischief. We affirm the judgments of conviction but remand for correction of the mittimus.

On July 12, 2004, defendant was arrested on an outstanding warrant. In his pants pocket, the police found a glass pipe of a type commonly used to smoke methamphetamine...

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