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PEOPLE v. DANIELS

No. 08CA2586.

240 P.3d 409 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kalin Andrew DANIELS, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

December 10, 2009.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, John Seidel , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Michael J. Heaphy, P.C., Michael J. Heaphy , Vail, Colorado, for Defendant-Appellant.

Opinion by Judge GABRIEL.

Defendant, Kalin Andrew Daniels, appeals his judgment of conviction for second degree assault-causing serious bodily injury. The victim of the assault suffered a fractured rib and a lacerated spleen. Defendant asserts that neither of these injuries amounted to "serious bodily injury," as defined by section 18-1-901(3)(p), C.R.S.2009, because the prosecution failed to show that (1) the victim's broken...

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