PEOPLE v. GRABLE

No. 78-1139.

611 P.2d 588 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Joel David GRABLE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 31, 1980.

Certiorari Denied May 19, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James F. Carr, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Terry Wiggins, P. C., Denver, for defendant-appellant.


KELLY, Judge.

Joel Grable appeals his jury conviction of first degree assault and the sentence imposing enhanced punishment for a violent crime. Grable contends that the trial court erred in failing to require that the jury make specific findings of fact regarding the violent crime sentencing allegation, and in failing to submit to them the question of the existence of heat of passion. We reverse.

Grable was charged with one count of first degree assault against...

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