PEOPLE v. ST. JOHN

No. 82CA0631.

668 P.2d 988 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary ST. JOHN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 9, 1983.


Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., Patricia A. Wallace, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Hub L. Stern, Denver, for defendant-appellant.


PIERCE, Judge.

The defendant, Gary St. John, was originally charged with attempted first degree murder, assault in the first degree, and mandatory sentence for a violent crime. The initial trial resulted in a hung jury and was declared a mistrial. At the second trial, defendant was convicted of attempted second degree murder, from which he appeals. We reverse and remand.

At trial, the victim claimed defendant had come to her door at an early morning hour,...

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