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

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eBook details

• Title: People V. Mason
• Author : Colorado Supreme Court
• Release Date : January 05, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

The defendant, Dennis Eugene Mason, appeals his conviction of fraud by check, section 18-5-205, C.R.S. 1973 (1978 Repl. Vol. 8), and his adjudication and punishment as a habitual criminal, section 16-13-101(1), C.R.S. 1973 (1981 Supp.). He challenges his conviction of fraud by check on the grounds that the trial court erred in admitting similar transaction evidence, that the court failed to instruct the jury on the definition of "knowing" as an element of fraud by check, and that the prosecutor made prejudicial comments during his summation to the jury. The defendant also claims that the non-bifurcated statutory scheme for the trial of habitual criminal charges, which existed at the time of the offense in question, unduly burdens the constitutional  right of an accused to testify in his own defense on the substantive charge. We affirm the defendant's conviction of fraud by check. However, resting our decision on the particular facts of this case, we reverse that part of the judgment relating to habitual criminality. We conclude that the trial court acted contrary to the statutory procedures mandated for the trial of habitual criminal counts when it adjudicated and sentenced the defendant as a habitual criminal without ever having submitted the habitual criminal counts to the jury.

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