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PEOPLE v. OWENS

No. 09SA248.

228 P.3d 969 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant v. Sir Mario OWENS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

April 12, 2010.

Attorney(s) appearing for the Case

Carol Chambers, District Attorney Eighteenth Judicial District, Centennial, Colorado, Daniel W. Edwards, Special Deputy District Attorney, Denver, Colorado, Attorneys for Plaintiff-Appellant.

James A. Castle, Jennifer L. Gedde, LLC, Jennifer L. Gedde, Reppucci Law Firm, P.C., Jonathan Reppucci, Keyonyu X. O'Connell, Denver, Colorado, C. Keith Pope, Martinez Law, LLC, Esteban A. Martinez, Boulder, Colorado, Law Office of Ingrid J. DeFranco, Ingrid J. DeFranco, Brighton, Colorado, Walsh & Larrañaga, Mark Larrañaga, Seattle, Washington, Attorneys for Defendant-Appellee.

Justice COATS delivered the Opinion of the Court.

The People immediately appealed a ruling of the district court declaring unconstitutional a portion of the statutory scheme providing for unitary review in death penalty cases. The district court construed section 16-12-208(3), C.R.S. (2009), to impose a two-year time limit on the completion of all proceedings for postconviction review, the certification of the record, and all appellate briefing and to prohibit extensions...

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