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TACORANTE v. PEOPLE

No. 80SC107.

624 P.2d 1324 (1981)

Roger C. TACORANTE, Petitioner-Appellant, v. The PEOPLE of the State of Colorado, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 23, 1981.

Attorney(s) appearing for the Case

Davidovich & Welton, Charles Welton, Denver, for petitioner-appellant.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Kathleen M. Bowers, Asst. Atty. Gen., Denver, for respondent-appellee.

DUBOFSKY, Justice.

The appellant, Roger C. Tacorante, challenges1 his conviction for aggravated robbery2 because the trial court refused to instruct the jury on the affirmative defense of involuntary intoxication and the lesser included offense of simple robbery.3 He also challenges the sentence entered under the indeterminate sentencing statute,4 contending...

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