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PEOPLE v. JONES

No. 95CA1135.

942 P.2d 1258 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellant and Cross-Appellee, v. Marjyna C. JONES, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 16, 1997.

Certiorari Denied September 8, 1997.

Attorney(s) appearing for the Case

Office of the District Attorney, Robert R. Gallagher, Jr., District Attorney, James C. Sell, Chief Deputy District Attorney, Englewood, for Plaintiff-Appellant and Cross-Appellee.

Lloyd L. Boyer, P.C., Lloyd L. Boyer, Englewood, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge CRISWELL.

Pursuant to § 16-12-102, C.R.S. (1996 Cum.Supp.), the People appeal from the district court's order granting the defendant a new trial under Crim. P. 33(c). Defendant cross-appeals. We dismiss defendant's cross-appeal and affirm the order directing a new trial.

Defendant, while incarcerated for other convictions, was charged with two counts of second degree assault in violation of § 18-3-203(1)(c),

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