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PEOPLE v. WILBURN

Court of Appeals No. 11CA1942.

343 P.3d 998 (2013)

2013 COA 135

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Adam James WILBURN, Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

Announced September 26, 2013.

Attorney(s) appearing for the Case

George H. Brauchler , District Attorney, Richard H. Orman , Senior Deputy District Attorney, Centennial, Colorado, for Plaintiff-Appellant

Douglas K. Wilson , Colorado State Public Defender, Karen Mahlman Gerash , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellee

Opinion by JUDGE NAVARRO

¶ 1 The People appeal the trial court's order finding that defendant, Adam James Wilburn, did not violate the conditions of his deferred judgment. We disapprove the order.

I. Background

¶ 2 On December 5, 2007, defendant was granted a three-year deferred judgment and sentence, under former section 18-1.3-102, Ch. 318, sec. 2, 2002 Colo. Sess. Laws 1366-67, after entering a plea of guilty to the charge...

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