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PEOPLE v. AGUILAR

No. 11CA1116.

317 P.3d 1255 (2012)

2012 COA 181

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Antonio AGUILAR, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

October 25, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Clemmie Parker Engle , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Antonio Aguilar, Pro Se.

Opinion by Judge GRAHAM.

¶ 1 Defendant, Antonio Aguilar, appearing pro se, appeals the district court's order denying his Crim. P. 35(c) motion for postconviction relief alleging ineffective assistance of counsel. We affirm. As a matter of first impression, we conclude that the implied acquittal rule does not bar retrial of a greater offense when a jury deadlocks on that charge but convicts on a lesser included offense...

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