SUPREME COURT, STATE OF COLORADO	9:00 a.m.

Oral Argument: January 28, 2010	EN BANC

Bailiff: Andra Zeppelin/Brock Swanson

08SC451 ( 1 HOUR)

Petitioner/Cross-Respondent:
The People of the State of Colorado,
v.
Respondent/Cross-Petitioner:
Jeffery Allen Loveall.	))))))))))))	For the Petitioner/Cross-Respondent:

John W. Suthers

Attorney General

Susan Eileen Friedman

Assistant Attorney General

For the Respondent/Cross-Petitioner:

Douglas K. Wilson

Colorado Sate Public Defender

Kathleen A. Lord

Chief Appellate Deputy

Certiorari to the Colorado Court of Appeals, 05CA2031

Docketed: June 9, 2008

At Issue: November 16, 2009

ISSUE(S):

Whether the court of appeals properly analyzed the alleged violation of the defendant’s limited due process right to confront and cross-examine adverse witnesses at his probation revocation hearing.

Assuming arguendo that there was a denial of the defendant’s limited due process right to confrontation, whether the court of appeals erred by relying on out-of-state authority and reversing the revocation instead of following Colorado precedent permitting the court to uphold the revocation on an independent ground or remand the matter for further findings by the trial court.

Whether a pro se defendant can enter into a deferred sentence under section 18-1.3-102, C.R.S. (2008), which requires the consent of the district attorney, defendant, and defendant’s “attorney of record.”

Whether a deferred sentence is prohibited by section 18-1.3-1004, C.R.S. (2008)’s requirement to sentence sex offenders to an indeterminate term.

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B000MB

2010-01-19

Judicial