[DOWNLOAD] "Leonardo V. People" by Colorado Supreme Court # Book PDF Kindle ePub Free

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eBook details

• Title: Leonardo V. People
• Author : Colorado Supreme Court
• Release Date : January 02, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The defendant in this criminal case, Joseph Lee Leonardo, III (Leonardo),*fn1 was charged with and convicted of theft by receiving in violation of section 18-4-410, 8B C.R.S. (1986),*fn2 and conspiracy to commit theft by receiving in violation of section 18-2-201, 8B C.R.S. (1986). The defendant appealed, contending that the trial court had erred in two respects. First, the court had declined to elaborate on its instructions in response to a question submitted by the jury after commencing deliberations. Second, the court had failed to obtain the presence of the defendant and his counsel and to afford the defendant's counsel an opportunity to be heard before the court decided upon the appropriate reply to the jury's question. The Colorado Court of Appeals affirmed the convictions, holding that although the trial court had erred in not having the defendant and his counsel present and in not affording the defendant's counsel an opportunity to be heard, the error was harmless because the defendant was not prejudiced by the court's response to the jury. People v. Leonardo, 687 P.2d 511 (Colo. App. 1984). We granted certiorari and now reverse the judgment of the court of appeals and direct that the defendant receive a new trial.

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