Legal Opinion · Concurrence
People v. Notyce
Colorado Court of Appeals
Decided April 24, 2014No. Court of Appeals No. 12CA0430Published
1Concurrence
JUDGE WEBB
specially concurring.
18 While agreeing with the disposition of this appeal, I write separately to address an undecided question under Colorado law not mentioned by the majority: whether defendant waived his two trial error contentions by failing to either appeal those issues or cross-appeal them when the prosecution appealed his original sentence in People v. Notyce, (Colo.App. No. 09CA0999, 2010 WL 4132835, Oct. 21, 2010) (not published pursuant to C.A.R. 35(f)) (Notyce I ). I do so for the following reasons:
® The Attorney General raised and briefed this issue.
® In Wend v. People,…
2Cases cited13 opinions
- Hobart N. Crocker, Jr. v. Piedmont Aviation, Inc., Hobart N. Crocker, Jr. v. Piedmont Aviation, Inc.Court of Appeals for the D.C. Circuit · 1995
- Wend v. PeopleSupreme Court of Colorado · 2010
- United States v. Conrado Garcia-GuizarCourt of Appeals for the Ninth Circuit · 2000
- United States v. John Fiallo-JacomeCourt of Appeals for the Eleventh Circuit · 1989
- People v. SeniorCalifornia Court of Appeal · 1995
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