PEOPLE v. HONEY

No. 28506.

596 P.2d 751 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Craigston HONEY, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 16, 1979.


Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant.


ROVIRA, Justice.

Craigston Honey (defendant) was convicted by a jury of attempted second-degree kidnapping in violation of section 18-2-101 C.R.S.1973 (1978 Repl.Vol. 8). He appeals the conviction on two bases: first, that the trial court erred in admitting evidence of a prior transaction; second, that the Colorado competency statute, section 13-90-101, C.R. S.1973, is unconstitutional. We agree with the first point raised and therefore reverse.

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