PEOPLE v. SANTANA

No. 09SC808.

255 P.3d 1126 (2011)

The PEOPLE of the State of Colorado, Petitioner, v. Gonzalo Dalimiro SANTANA, Respondent.

Supreme Court of Colorado, En Banc.

June 27, 2011.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Rhonda L. White , Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner.

Leslie A. Goldstein, Attorney at Law, L.L.C., Leslie A. Goldstein , Steamboat Springs, Colorado, Attorneys for Respondent.


Justice MARTINEZ delivered the Opinion of the Court.

I. Introduction

In People v. Santana, 240 P.3d 302 (Colo. App.2009), the court of appeals reversed Gonzalo Dalimiro Santana's conviction for distributing a controlled substance, concluding that the prosecution had, in violation of his constitutional rights, shifted the burden of proof to him at trial. In its case-in-chief...

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