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PEOPLE v. DIAZ

No. 11CA0656.

350 P.3d 297 (2012)

2012 COA 158

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joseph Phillip DIAZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied November 1, 2012.

As Modified May 7, 2015.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Christine C. Brady , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Kathy Goudy , Carbondale, Colorado, for Defendant-Appellant.

¶ 1 Defendant, Joseph Phillip Diaz, appeals the sentence entered on a jury verdict finding him guilty of second degree assault. We vacate the sentence and remand the case to the district court for resentencing.

I. Background

¶ 2 On August 11, 2009,...

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