People v. Emert

Opinion by

Judge CASEBOLT.

In this criminal proceeding, the People appeal the trial court's order granting defendant, Ellery Emert, a new trial on his conviction for possession of a weapon by a previous offender (POWPO), as well as the court's ruling that, because of an incorrect advisement under People v. Curtis, 681 P.2d 504 (Colo.1984), defendant's testimony was involuntary and therefore is inadmissible in the retrial of the POWPO charge. We remand for further proceedings.

I. Facts

The prosecution charged defendant with (1) possession of more than one gram of a schedule II controlled substance…