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PEOPLE v. PRESCOTT

No. 05CA1380.

205 P.3d 416 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anthony G. PRESCOTT, Defendant-Appellant.

Colorado Court of Appeals, Div. VI.

Rehearing Denied September 18, 2008.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, John Lee, Assistant Attorney General, Sean Moynihan, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Sarah Burtis, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

Defendant, Anthony G. Prescott, appeals the judgment of conviction entered on jury verdicts finding him guilty of possession of a schedule II controlled substance, § 18-18-204, § 18-18-405(1)(a), (2)(a)(I), C.R.S.2007, and possession of drug paraphernalia, § 18-18-428, C.R.S.2007. We conclude that evidence should have been suppressed because Prescott did not impliedly consent to a warrantless search, and therefore we reverse and...

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