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Colorado Supreme Court Announces First Degree Criminal Trespass of Dwelling Is Lesser-Included Offense of Second Degree Burglary, Explicitly Overruling Garcia, and Merger Is Remedy for Double Jeopardy Sentencing Error

by Sam Rutherford

 

The Supreme Court of Colorado held that convictions for second-degree burglary and first-degree criminal trespass of a dwelling arising from the same course of criminal conduct violate the double jeopardy clauses of the U.S. and Colorado Constitutions, requiring the trespass conviction and sentence be vacated and ...

 

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