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PEOPLE v. MONTOYA

No. 08CA1322.

251 P.3d 35 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Troy MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing June 10, 2010.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Alice Q. Hosley , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

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

Opinion by Judge ROTHENBERG.*

Defendant, Troy Montoya, appeals his conviction, following a bench trial, of sexual assault on a child. The sole issue in this direct appeal is the proper construction of amended Crim. P. 23(a)(5)(II), which requires the trial court to advise the defendant of certain rights before accepting a waiver of a jury trial. Defendant contends that the trial court's advisement in this case did not comply with the amended...

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