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PEOPLE v. CURREN

No. 09CA0872.

228 P.3d 253 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John Estel CURREN, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

November 25, 2009.

Attorney(s) appearing for the Case

Donald Quick, District Attorney, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, for Plaintiff-Appellant.

Thomas K. Carberry, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge ROY.

The prosecution appeals from an order granting defendant John Estel Curren's Crim. P. 35(c) motion which vacated his conviction on two counts of felony first degree murder, and ordered a new trial based on an actual conflict of interest of trial counsel. More specifically, the prosecution argues (1) there was no actual conflict of interest that adversely affected trial counsel's performance; (2) trial counsel investigated the allegation giving...

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