PEOPLE v. CONSTANT

No. 78-805.

623 P.2d 63 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gardy CONSTANT, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied August 21, 1980.

Certiorari Granted February 2, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., William R. Rapson, Designated Counsel, Denver, for plaintiff-appellee.

Karp & Goldstein, Kenneth H. Stern, Denver, for defendant-appellant.


KELLY, Judge.

Gardy Constant appeals his conviction of second degree burglary, first degree sexual assault, and the finding that he committed a crime of violence. Constant argues that, even though there was no contemporaneous objection, remarks made by the prosecutor during his closing argument warrant reversal by this court. We reverse.

On five separate occasions during his rebuttal argument, the prosecutor referred to the defendant's demeanor and conduct...

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