PEOPLE v. CHAVEZ

No. 07CA2136.

240 P.3d 448 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose Reyes CHAVEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

February 18, 2010.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, John J. Fuerst, III , Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Ned R. Jaeckle , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge CONNELLY.

Defendant, Jose Reyes Chavez, was convicted after a jury trial of possessing a dangerous weapon (a sawed-off shotgun) and was sentenced to probation. His appeal raises Fourth Amendment challenges to police officers' entry of his home, which led to their ultimate discovery of the shotgun. We affirm.

I. Background

Defendant and a woman lived with the woman's two children. One night, around 9:30 p.m., the woman's daughter...

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