PEOPLE v. DOMINGUEZ

No. 27561.

568 P.2d 54 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rosemary DOMINGUEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

August 22, 1977.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Deborah L. Bianco, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Mary G. Allen, Deputy State Public Defender, Denver, for defendant-appellant.


PRINGLE, Chief Justice.

The defendant, Rosemary Dominguez, appeals from a conviction for first degree assault, section 18-3-202, C.R.S.1973. We vacate that judgment and remand to the district court for resentencing on second degree assault.

I

The defendant contends that the evidence was insufficient to sustain conviction. That evidence indicates that the defendant and the victim were engaged in a fight in a LaJunta nightclub. After other patrons...

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