PEOPLE v. ORTEGA

No. 76-202.

580 P.2d 813 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas Leo ORTEGA, Defendant-Appellant.

Colorado Court of Appeals, Div. 1.

Rehearing Denied April 6, 1978.

Certiorari Granted July 3, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Felipe V. Ponce, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.


BERMAN, Judge.

Defendant, Thomas Leo Ortega, was convicted by a jury of felony theft and first degree criminal trespass. Finding merit in his contention that certain remarks of the prosecutor in closing argument impermissibly referred to defendant's failure to make a detailed exculpatory statement upon arrest, we reverse and remand for a new trial.

The driver of a pickup truck was injured one morning when he lost control of the vehicle. Upon returning from...

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