Vigil now appeals his convictions and sentence. In part I of this opinion, we consider and reject the arguments presented in Vigil's opening brief. In part II, we consider a multiplicity issue on our own motion. We conclude that two of Vigil's theft convictions must be merged. We therefore affirm the judgment in part and vacate it in part, vacate the sentence, and remand for resentencing... I. Vigil's Contentions... Vigil challenges his convictions on several grounds. His contentions fail... A....  

I. Background... Following a preliminary hearing, defendant appeared for arraignment with counsel who asked to withdraw from representation because the attorney-client relationship had deteriorated to the point that he believed he could not effectively represent defendant. Defendant did not object, and the trial court granted the withdrawal. The trial court confirmed with defendant, who was not eligible for representation by the public defender, that he wanted to retain new counsel. The trial...  

I. Background... It was undisputed at trial that defendant was the driver in a drive-by shooting; that defendant's girlfriend, E.W., was the owner of the car; and that his friend, "Smoke," was the shooter. As the prosecutor stated during his final closing argument, "the issue that remain[ed] for [the jury's] consideration [was], did the defendant know what was going to happen?"... The prosecutor argued that there were "three areas of evidence that clearly show[ed] the...  

I. Background... As pertinent here, in May 2001 defendant was sentenced to probation in connection with the theft of an asphalt roller from a rival in the asphalt paving industry.1 He retained and used the roller for several months before it was discovered in his possession... As a condition of probation, defendant was ordered to pay $12,166.79 in restitution to the victim. That figure included the amount ($11,871.71) it would have cost the victim to rent a replacement roller during the several...  

I. Background... In a previous interlocutory appeal, a division of this court addressed whether Indian tribal sovereign immunity applied to two Internet companies. CBSC, which operated under the trade name Cash Advance, was one of them. State ex rel. Suthers v. Cash Advance, 205 P.3d 389 (Colo. App. 2008)(cert. granted Apr. 13, 2009)... As pertinent here, in January 2005, the State issued an administrative subpoena to CBSC, requiring it to produce, among other items, documents describing its...  

I. Factual Background and Procedural History... Defendant was charged with multiple counts related to incidents during which he provided the twelve-year-old victim with alcohol and sexually assaulted him. The following facts are taken from the presentence report and associated documents and from the affidavit in support of the arrest warrant in this case... Defendant was the victim's neighbor, and the crimes were discovered after the victim's father retrieved his son from defendant's house one...  

I. Background... In 2002, Barnett purchased a home from Classic Homes. The purchase agreement signed by the parties included a provision mandating arbitration of disputes concerning any aspect of the parties' contract. The contract also incorporated by reference a... ... ... limited warranty that, in relevant part, described the procedures to be followed during any such arbitration... In 2005, the septic system on Barnett's property began to fail, and Barnett received a letter from the El Paso...  

The marriage between father and Catherine Lyman, now known as Catherine Parr (mother), was dissolved in 2007. At that time, the parties signed a complete parenting plan that detailed a gradual increase in father's parenting time over a period of seven months, from short, supervised visits to unsupervised, alternating weekend overnights with the child. The parenting plan also provided that father's visits with the child "should be governed by the following guidelines:... ... ... (iv) Ongoing...  

I. Background... The district court appointed a special master to preside over an annual meeting of the company, held in December 2007, in a predecessor case, Belland v. Stan Lee Media, Inc., Denver County Case No. 07CV7536. By order of the court, the special master established rules and procedures to govern the 2007 meeting. Subsequently, the district court determined that the results of the 2007 meeting were invalid... In 2008, the district court granted PFP's motion for a second...  

I. Background... The assignee is the former wife of Thomas Banner (the assignor), who was formerly a member of Hut at Avon, LLC (the LLC). The partners were the other members of the LLC, and the LLC was represented by the attorney... As part of a divorce settlement, the assignor agreed to assign to the assignee his right to monetary distributions from the LLC. They submitted a draft of this assignment to the partners, seeking their consent as required by the LLC's operating agreement. The...  

Because we conclude that the hearing officer correctly determined the Division lacked authority to treat the separate Accord entities as a single employing unit or a single employer, we set aside the Panel's decision and remand with instructions to reinstate the decision of the hearing officer... I. Background... Accord is a professional employer organization based in Oklahoma and operating in many states, including Colorado. Over time, Accord formed other organizations including Accord Human...  

In these two consolidated appeals from the District Court for Water Division No. 5 ("the water court"), we review the water court's judgments of dismissal and accompanying questions involving the water court's construction and implementation of the augmentation plan retained jurisdiction provision, section 37-92-304(6), C.R.S. (2009), of the Water Right Determination and Administration Act of 1969 ("the 1969 Act").1... In both cases, the State and Division Engineers ("the...  

In this appeal, the People seek to reinstate the revocation of Jeffery Loveall's sex offender intensive supervision probation ("SOISP"). Loveall challenges this position and, on cross-petition, attacks the underlying convictions on which the SOISP and his subsequent incarceration are based. The court of appeals reversed the district court's revocation of Loveall's SOISP but rejected his collateral attacks. We affirm... I. Facts and Proceedings Below... This appeal concerns two...  

I. Factual and Procedural Background... This case arises from a joint law enforcement task force operation based in Grand Junction, Colorado. The operation's purpose was to target major illegal drug dealers in the area. As part of the operation, task force officers, in conjunction with the local district attorney's office, applied for and received orders authorizing wiretaps on two phones belonging to R.P., a suspected drug dealer. Evidence gathered from these wiretaps implicated defendant as...  

I. Background... In January 2000, pursuant to a plea agreement in 99JD1799, defendant pleaded guilty to committing acts that, if committed by an adult, would constitute attempted first degree aggravated motor vehicle theft. In March 2000, the juvenile court sentenced defendant to two years of probation. The court also ordered defendant to pay $35,823.60 in restitution to the victims of his conduct... In April 2000, pursuant to a plea agreement in 00CR737, defendant pleaded guilty to second...  

In December 2004, defendant was charged in the instant case with having committed first degree murder. Before he was brought to trial on this charge, he was indicted, tried, and convicted in federal court of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 to 1968, based on seven acts of racketeering, one of which was the murder of the victim in this case. On appeal, his primary contention is that this conviction barred further proceedings...  

Defendant pled guilty to first degree kidnapping, § 18-3-301(1)(a), (c), C.R.S. 2009, and conspiracy to distribute a schedule II controlled substance, § 18-18-405, C.R.S. 2009... The core of defendant's argument on appeal is that (1) he was born Donald James Drew, and the person charged in this matter was DONALD JAMES DREW; (2) the capitalization of the name created a "Strawman/Stramineous Homo/Ens Legis/Artificial Person" (artificial person); (3) the artificial person was...  

I. Background... Claimant sustained an admitted work-related injury in 1989. In 1997, employer, Brookharts, Inc., and its insurer, Pinnacol Assurance (collectively employer), admitted claimant was permanently and totally disabled as a result of the injury... Under the care of claimant's authorized treating physician (ATP), his medication and narcotics use increased and he was reported to be "maxed out on medication." When the ATP first examined claimant and reviewed the medical records,...  

I. Background... A. Relevant Statutory and Constitutional Provisions... The Act imposes registration and reporting requirements on various entities, including "issue committees." Specifically, subsection 1-45-108(3) of the Act requires issue committees to register with the Secretary of State before making or accepting any contributions. Subsection 1-45-108(1)(a)(I) requires issue committees to "report to the appropriate officer their contributions received, including the name and...  

I. Background... Defendant pleaded guilty to possession with intent to distribute between 450 and 1000 grams of a schedule II controlled substance — second offense. Before sentencing, defendant moved to withdraw his plea pursuant to Crim. P. 32(d), claiming his plea was not knowing, voluntary, or intelligent because his plea counsel rendered ineffective assistance. Specifically, he claimed counsel (1) did not spend enough time with him discussing the facts of the case and potential...