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PEOPLE v. CLARK

No. 81CA0504.

662 P.2d 1100 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bernard Ray CLARK, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 20, 1983.

Certiorari Denied May 9, 1983.

Attorney(s) appearing for the Case

J.D. MacFarlane, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Joel W. Cantrick, Sp. Asst. Atty. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

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

KELLY, Judge.

Bernard Ray Clark was convicted of attempted second-degree murder, § 18-3-103, C.R.S.1973 (1978 Repl.Vol. 8), second-degree kidnapping, § 18-3-302, C.R.S.1973 (1978 Repl.Vol. 8), first-degree sexual assault, § 18-3-402, C.R.S.1973 (1978 Repl.Vol. 8), and was found to be an habitual criminal. He here contends, among other things, that the trial court, in its instructions, erroneously failed to include the culpable mental state "knowingly...

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