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PEOPLE v. HARMON

No. 08CA2156.

284 P.3d 124 (2011)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James Len HARMON, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied November 10, 2011.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Brock J. Swanson , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Lynn Noesner , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge GABRIEL.

Defendant, James Len Harmon, appeals his conviction for knowing or reckless child abuse. We conclude that the trial court erred in failing to take corrective action after a juror submitted a note suggesting that he or she had determined Harmon's guilt based on a misperception that Harmon had conceded guilt in opening statement. Because we cannot say that this error was harmless, we reverse and remand for a new trial.

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