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PEOPLE v. SALDANA

No. 94SC329.

899 P.2d 208 (1995)

The PEOPLE of the State of Colorado, Petitioner, v. Lloyd SALDANA, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied July 24, 1995.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Laurie A. Booras, Asst. Atty. Gen., Criminal Enforcement Section, Denver, for petitioner.

David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for respondent.

Justice LOHR delivered the Opinion of the Court.

In People v. Saldana, 92CA0504 (March 31, 1994) (not selected for official publication), the Colorado Court of Appeals vacated the defendant's judgment of conviction for distribution of a controlled substance. The court of appeals determined that because the jury had acquitted the defendant of the inchoate offense of conspiracy to distribute a controlled substance, his conviction for distribution of such a substance...

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