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PEOPLE v. EMERT

No. 09CA0991.

240 P.3d 514 (2010)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Ellery EMERT, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

June 10, 2010.

Attorney(s) appearing for the Case

Pete Hautzinger , District Attorney, Christopher Nerbonne , Deputy District Attorney, Grand Junction, Colorado, for Plaintiff-Appellant.

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

Opinion by Judge CASEBOLT.

In this criminal proceeding, the People appeal the trial court's order granting defendant, Ellery Emert, a new trial on his conviction for possession of a weapon by a previous offender (POWPO), as well as the court's ruling that, because of an incorrect advisement under People v. Curtis, 681 P.2d 504 (Colo.1984), defendant's testimony was involuntary and therefore is inadmissible in the retrial...

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