PEOPLE v. BEST

No. 81CAO 508.

665 P.2d 644 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Larry Wayne BEST, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 29, 1983.


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, Michael Heher, Deputy State Public Defender, Denver, for defendant-appellant.


KIRSHBAUM, Judge.

Defendant, Larry Wayne Best, appeals his jury convictions of aggravated robbery, second degree kidnapping, and violent crime. We reverse.

The record reveals the following facts. On September 12, 1980, the owner of a Golden, Colorado, restaurant was robbed and kidnapped by two individuals.

At trial, the owner identified defendant as one of the offenders. Upon being asked by the prosecution whether he had seen a photograph of defendant...

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