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PEOPLE v. PADILLA

No. 80SA383.

638 P.2d 15 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mariano Joseph PADILLA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 21, 1981.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for defendant-appellant.

ROVIRA, Justice.

Mariano Padilla (defendant) was charged with and found guilty of second-degree murder.1 He challenges his conviction, claiming that the statute is unconstitutional because the culpable mental state required for a conviction of second-degree murder is not sufficiently distinguishable from that required under the manslaughter statute.2 He also contends that the trial judge erred when, after defining...

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