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PEOPLE v. HERNANDEZ

Court of Appeals No. 17CA0775.

487 P.3d 1095 (2019)

2019 COA 111

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joey Ray HERNANDEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 22, 2019.

Attorney(s) appearing for the Case

Philip J. Weiser , Attorney General, Frank R. Lawson , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Megan A. Ring , Colorado State Public Defender, Julia Chamberlin , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

¶ 1 In this appeal of a restitution order, defendant, Joey Ray Hernandez, presents a novel question in Colorado — does a defendant have a right to be present at a restitution hearing? We conclude that the answer is "yes." Turning to the particular facts presented, next we conclude that the trial court plainly erred...

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