PEOPLE v. SANTANA

No. 08CA0978.

240 P.3d 302 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gonzalo Dalimiro SANTANA, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied September 3, 2009.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Rhonda L. White , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Leslie A. Goldstein L.L.C., Leslie A. Goldstein , Steamboat Springs, Colorado, for Defendant-Appellant.


Opinion by Judge GABRIEL.

Defendant, Gonzalo Dalimiro Santana, was convicted by a jury of distribution of a controlled substance and was sentenced to four years of probation. We hold that the prosecution improperly suggested to the jury that defendant had an obligation to test the drugs at issue to determine whether they were crack cocaine, and thus placed a burden of proof on defendant. Because we cannot conclude that this suggestion was harmless beyond a reasonable...

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