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MONTEZ v. PEOPLE

No. 10SC294.

269 P.3d 1228 (2012)

2012 CO 6

Mark Anthony MONTEZ, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

February 13, 2012.

Attorney(s) appearing for the Case

Douglas K. Wilson , Public Defender, Elizabeth Griffin , Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner.

John W. Suthers , Attorney General, John D. Seidel , Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Justice HOBBS delivered the Opinion of the Court.

¶ 1 In this case, we accepted certiorari on a statutory construction issue involving the first degree burglary statute, section 18-4-202(1), C.R.S. (2011), which incorporates the armed with a deadly weapon definition contained in section 18-1-901(3)(e), C.R.S. (2011).1 The General Assembly has defined "Deadly weapon" to include a "firearm, whether loaded or unloaded," "which in the...

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