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PEOPLE v. VALENZUELA

No. 08SC418.

216 P.3d 588 (2009)

The PEOPLE of the State of Colorado, Petitioner, v. Robert Gene VALENZUELA, Jr., Respondent.

Supreme Court of Colorado, En Banc.

September 14, 2009.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Matthew S. Holman, First Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner.

Law Office of Jami Vigil and Associates, Jami L. Vigil, Westminster, Colorado, Attorneys for Respondent.

Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

Respondent Robert G. Valenzuela was convicted, pursuant to a plea agreement, of conspiracy to distribute a schedule II controlled substance—a class three felony—in violation of section 18-18-405(1)(a), C.R.S. (2008), and first degree kidnapping—a class two felony— in violation of section 18-3-301(1)(a)(3), C.R.S. (2008).1 The trial...

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