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PEOPLE v. RIDGEWAY

Court of Appeals No. 11CA1077.

307 P.3d 126 (2013)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lewis Burton RIDGEWAY, Defendant-appellant.

Colorado Court of Appeals, Div. VI.

Rehearing Denied April 4, 2013.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Michael D. McMaster , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Britta Kruse , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by JUDGE DUNN

¶ 1 Defendant, Lewis Burton Ridgeway, appeals the judgment of conviction entered on a jury verdict finding him guilty of possession of burglary tools. We conclude that the elemental instruction submitted to the jury on possession of burglary tools omitted the intent element of the crime. Because the instructional error was not harmless beyond a reasonable doubt, we reverse the judgment of conviction and remand for a new trial.

I...

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