# People v. Davis

> Colorado Court of Appeals · January 5, 2012 · 412 P.3d 376

URL: https://www.frixlaw.com/law-library/cases/6533259

## Case

- **Full name:** The PEOPLE of the State of Colorado v. Rashaim Malique DAVIS
- **Court:** Colorado Court of Appeals
- **Decided:** January 5, 2012
- **Citations:** 412 P.3d 376
- **Precedential status:** Published
- **Opinion:** Concurring in part by Russel
- **Judges:** Bernard, Russel
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6533259

## Opinion text

Judge RUSSEL concurring in part and dissenting in part.
¶ 103 Although I agree with most of the majority's opinion, I respectfully dissent from part II. C.
¶ 104 Under Colorado's statutory scheme, a person cannot be convicted of both possessing and distributing the same drugs. People v. Abiodun, 111 P.3d 462 , 471 (Colo.2005). In my view, the evidence does not support a finding, beyond a reasonable doubt, that defendant possessed a share of drugs different from the one that he gave to the undercover officer. I therefore would vacate defendant's conviction for possession of a controlled substance in case 06CR10189.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6533259. Public record. Not legal advice.