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PEOPLE v. O'HARA

No. 07CA2311.

240 P.3d 283 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Lynn O'HARA III, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

May 13, 2010.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Katherine A. Hansen , Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Davide C. Migliaccio , Colorado Springs, Colorado, for Defendant-Appellant.

Opinion by Judge GRAHAM.

Defendant, Thomas Lynn O'Hara III, was charged with and convicted of distribution of a schedule II controlled substance, adjudicated a habitual criminal, and sentenced to ninety-six years in the Department of Corrections. He challenges the admission of wiretap evidence and the sufficiency of his Curtis advisement on appeal. Because there is no finding before us that the elected district attorney authorized the wiretap application, we...

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