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PEOPLE v. MADDEN

No. 03SC771.

111 P.3d 452 (2005)

The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. Louis A. MADDEN, Respondent/Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 16, 2005.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, John J. Fuerst III, Assistant Attorney General, Appellate Division, Criminal Justice Section, Denver, Colorado, for Petitioner/Cross-Respondent.

David S. Kaplan, Colorado State Public Defender, Jason C. Middleton, Deputy State Public Defender, Denver, Colorado, for Respondent/Cross-Petitioner.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this case, we consider Louis Madden's convictions for attempted third degree sexual assault and attempted patronizing of a prostituted child. On appeal, Madden claimed that he was deprived of his constitutional right to know the nature and cause of the charges against him due to a difference between the charging document and the jury instructions in the description of third degree...

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