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PEOPLE v. RIVAS

Nos. 27555, 27602.

591 P.2d 83 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Felipe DeJesus RIVAS, Defendant-Appellee as to No. 27555, and Michael Luis Trujillo, Defendant-Appellee as to No. 27555, Defendant-Appellant as to No. 27602.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 19, 1979.

Attorney(s) appearing for the Case

Robert L. Russel, Dist. Atty., David H. Zook, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Denver, Norman R. Thom, Deputy State Public Defender, Colorado Springs, for defendant-appellee Rivas.

E. David Griffith, Colorado Springs, for defendant-appellee and defendant-appellant Trujillo.

LEE, Justice.

Codefendants, Felipe DeJesus Rivas and Michael Luis Trujillo, were jointly charged in the District Court of El Paso County with three counts of assault, as follows: Count I, assault in the second degree on Fermin Salvador Velasquez in violation of section 18-3-202, C.R.S. 1973; Count II, assault in the first degree on Fernando Lopez in violation of section 18-3-201, C.R.S. 1973; and Count III, assault in the first degree on Roy Gene Martinez in violation...

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