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PEOPLE v. FUENTES

No. 07CA1877.

258 P.3d 320 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Andrew Gabriel FUENTES, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

January 20, 2011.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Majid Yazdi , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Kathleen A. Lord , Deputy State Public Defender, Jason C. Middleton , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CASEBOLT.

The main issue in this criminal case is whether defendant, Andrew Gabriel Fuentes, can be convicted of two counts of first degree burglary when he committed only one unlawful entry but assaulted two people. Because we conclude that burglary is an offense against property and that the General Assembly intended the additional element of assault in the first degree burglary statute to modify and aggravate the crime of burglary

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