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PEOPLE v. PAGAN

Nos. 04CA0527, 04CA0873.

165 P.3d 724 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellee and Cross-Appellant, v. Ervin Lee PAGAN, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. I.

Certiorari Denied July 3, 2007.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Roger G. Billotte, Assistant Attorney General, Denver, Colorado; John Newsome, Jr., District Attorney, Robyn J. Cafasso, Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellee and Cross-Appellant.

David S. Kaplan, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant and Cross-Appellee.

Opinion by Judge GRAHAM.

Defendant, Ervin Lee Pagan, appeals the judgment of conviction entered upon a jury verdict finding him guilty of theft from an at risk adult of over $500. The People cross-appeal the trial court's order of restitution. We affirm the judgment of conviction, vacate the order of restitution, and remand the case for further proceedings.

Defendant was charged with one count of theft of $15,000 or more, and one count of theft from an at...

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