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ARKO v. PEOPLE

No. 06SC798.

183 P.3d 555 (2008)

Johnnie Erick ARKO, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

May 12, 2008.

Attorney(s) appearing for the Case

Keyonyu X O'Connell, Denver, Colorado, Ridley, McGreevy & Weisz, P.C., Barrett T. Weisz, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers, Attorney General, John J. Fuerst III, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, Attorneys for Respondent.

Justice BENDER delivered the Opinion of the Court.

I. Introduction

We granted certiorari in People v. Arko, 159 P.3d 713 (Colo.App.2006), to determine whether the court of appeals correctly affirmed the trial court's ruling accepting the defendant's decision not to request a jury instruction on a lesser non-included offense over the objection of defense counsel on the ground that this decision implicated the defendant...

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