PEOPLE v. BANKS

No. 79CA1070.

655 P.2d 1384 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard G. BANKS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied June 24 and July 8, 1982.

Certiorari Granted December 13, 1982.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Jeffrey Weinman, 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.


PIERCE, Judge.

Defendant, Richard Banks, appeals his convictions of felony murder and aggravated robbery. We reverse the aggravated robbery conviction and affirm the felony murder conviction.

I.

During an armed robbery by defendant and an accomplice, the accomplice fatally shot a jewelry store owner. Later, an arrest warrant for defendant was issued. The supporting affidavit rested only on defendant's fingerprints having been found on a watch display...

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