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LUCERO v. PEOPLE

No. 10SC72.

272 P.3d 1063 (2012)

2012 CO 7

Joseph Paul LUCERO, 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, Ned R. Jaeckle , 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¶ 1 In this case, we accepted certiorari on two issues decided by the court of appeals in an unpublished opinion.

¶ 2 The first certiorari issue involves whether our decision in Roberts v. People, 203 P.3d 513 (Colo.2009), defining the allowable unit of prosecution for theft, can be applied on direct appeal when the defendant did not raise the issue at trial...

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