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PEOPLE v. HILL

No. 07CA2171.

228 P.3d 171 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Edwin HILL, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 25, 2009.

Attorney(s) appearing for the Case

Carol Chambers, District Attorney, Andrew Cooper, Senior Deputy District Attorney, Centennial, Colorado, for Plaintiff-Appellant.

Douglas K. Wilson, Colorado State Public Defender, John D. Becker, Deputy State Public Defender, Castle Rock, Colorado, for Defendant-Appellee.

Opinion by Judge CARPARELLI.

The People appeal from the district court's order vacating defendant Edwin Hill's judgment of conviction and sentence and granting him a new trial for unlawful use of a controlled substance. We reverse the district court's order and remand with directions.

I. Background

Defendant, a prisoner at the Limon Correctional Facility, provided a urine sample that tested positive for morphine. He was charged with possession and...

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