Judgment of the Court of Appeals is reversed. People v. Johnson. The Supreme Court reverses the Court of Appeals' judgment that defendant was entitled to a sentence reduction. The plea agreement expressly provided that the DA's polygraphist would judge defendant's success on the polygraph test. The Supreme Court holds that, while the defendant was not required to disclose privileged information pertaining to the earlier polygraphs, the DA acted in good faith by refusing to administer its own polygraph without the information required by the DA's polygraphist.
Judgment is reversed.
Aisenberg v. Campbell. Accordingly, the court affirms the Board's action denying petitioner's second motion for rehearing. These opinions are not final. They may be modified, changed or withdrawn in accordance with Rules 40 and 49 of the Colorado Appellate Rules. Changes to or modifications of these opinions resulting from any action taken by the Court of Appeals or the Supreme Court are not incorporated here.