PEOPLE v. DIAZ

No. 79CA0565.

644 P.2d 71 (1981)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Audrey Renee DIAZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 14, 1982.

Certiorari Denied March 29, 1982.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Robert C. Lehnert, Asst. Attys. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colo. State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.


COYTE, Judge.

Defendant appeals the jury verdict finding her guilty of reckless manslaughter. We reverse.

The evidence reveals that the defendant accepted a ride home from a bar with the decedent after they had met for the first time that evening. Defendant testified that when they reached her apartment the deceased refused to let her out of the car and told her that she had better "go to the park" with him or she would get hurt. The defendant shot the decedent...

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