PEOPLE v. MENDOZA

No. 27711.

575 P.2d 403 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bernardino MENDOZA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified On Denial of Rehearing March 13, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Linda Palmieri Rigsby, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Milton Berger, Denver, Tinsley, Frantz, Fleming & Davidson, P. C., Albert T. Frantz, Lakewood, for defendant-appellant.


GROVES, Justice.

This case comes to us as an appeal of the district court's denial of a motion for a new trial and a motion for Crim.P. 35(b) postconviction relief.

On February 6, 1973, the defendant was charged with the first-degree murder of his wife's male companion. He initially pled not guilty by reason of insanity. The district court committed him to the University of Colorado Psychiatric Hospital for examination. Pursuant thereto, a psychiatric report...

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