ORTEGA v. PEOPLE

No. 24710.

498 P.2d 1121 (1972)

Gilbert ORTEGA, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 12, 1972.


Attorney(s) appearing for the Case

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for defendant in error.


ERICKSON, Justice.

Gilbert Ortega, hereinafter referred to as the "defendant," was convicted of kidnapping in violation of C.R.S.1963, 40-2-44(1). The defendant's conviction of kidnapping was based primarily on the testimony of the victim, Marilyn Markus, and the defendant's accomplice, Clarence Barela. Both parties testified that the incident occurred one evening when the victim was driving home in the early morning hours. At the insistence of the defendant, who...

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