PEOPLE v. CERVANTES

No. 81CA0788.

677 P.2d 403 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert CERVANTES, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 27, 1983.

Certiorari Granted January 23, 1984.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Marie Volk Bahr, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Diana L. DeGette, Deputy State Public Defender, Denver, for defendant-appellant.


BERMAN, Judge.

Defendant, Robert Cervantes, was convicted by a jury of second degree assault, third degree assault, obstructing a police officer, and resisting arrest. On appeal, he challenges the second degree assault conviction. We affirm.

The offenses committed here arose out of a family dispute between defendant and his estranged wife and an altercation between defendant and police officers who were summoned to the scene. Defendant was initially charged...

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