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PEOPLE v. GOMEZ

No. 06CA1205.

211 P.3d 53 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joshua Anthony GOMEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. VI.

Rehearing Denied October 9, 2008.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Laurie A. Booras, First Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge WEBB.

We conditionally affirm the judgment of conviction entered against defendant, Joshua Gomez, on a jury verdict finding him guilty of distribution of a Schedule II controlled substance in violation of section 18-18-405(1), (2)(a)(I)(A), C.R.S.2007. We remand for the trial court to conduct an evidentiary hearing on the validity of Gomez's waiver of his right to testify because we conclude that the court's advisement on this right was defective...

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