PEOPLE v. SMITH

No. 87CA1616.

790 P.2d 862 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Darren Gene SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 24, 1989.

Certiorari Denied April 23, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen. and Hope P. McGowan, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Barbara S. Blackman, Chief Appellate Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge NEY.

The defendant, Darren Gene Smith, appeals the judgment of conviction of first degree murder and second degree assault entered upon a jury verdict. The sole issue is whether the trial court erred in admitting the out-of-court statements of two non-testifying witnesses in violation of the confrontation clauses of the United States and Colorado constitutions. We reverse and remand for a new trial.

The events preceding the murder and assault...

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