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O'HARA v. PEOPLE

No. 10SC386.

271 P.3d 503 (2012)

2012 CO 18

Thomas Lynn O'HARA, III, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

March 5, 2012.

Attorney(s) appearing for the Case

Davide C. Migliaccio , Colorado Springs, Colorado, Attorney for Petitioner.

John W. Suthers , Attorney General, Katherine A. Hansen , Senior Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.

Justice MÁRQUEZ delivered the Opinion of the Court.

¶ 1 In this case, we interpret Colorado's wiretapping statute, which permits a judge to issue an ex parte order approving a wiretap only "upon application of the attorney general or a district attorney." § 16-15-102(1)(a), C.R.S. (2006). Defendant-Petitioner, Thomas Lynn O'Hara, III, was convicted of distribution of a schedule II controlled substance, adjudicated a habitual criminal, and sentenced...

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