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PEOPLE v. NOTYCE

Court of Appeals No. 12CA0430.

328 P.3d 302 (2014)

2014 COA 52

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Franklin Alfred NOTYCE, Defendant-Appellant.

Colorado Court of Appeals, Division IV.

Announced April 24, 2014.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Patricia R. Van Horn , Senior Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

The Ruff Law Firm, L.L.C., Jeffrey D. Ruff , Denver, Colorado, for Defendant-Appellant

Opinion by JUDGE BOORAS

¶ 1 Defendant, Franklin Alfred Notyce, appeals following remand for resentencing in People v. Notyce, (Colo.App. No. 09CA0999, 2010 WL 4132835, Oct. 21, 2010) (not published pursuant to C.A.R. 35(f)) (Notyce I). He challenges the original judgment of conviction for theft on two grounds: the trial court erred in refusing to suppress photographs of the allegedly stolen items; and, in closing argument, the prosecutor improperly...

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