PEOPLE v. MATTHEWS

No. 81CA0262.

662 P.2d 1108 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James F. MATTHEWS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 10, 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., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Simons & Iuppa, Craig M. Cornish, Colorado Springs, for defendant-appellant.


PIERCE, Judge.

Defendant, James Frank Matthews, Jr., appeals the judgment entered on his 1980 jury conviction of first degree sexual assault. We reverse and remand.

The facts are undisputed. Defendant was charged with first degree assault. Shortly after the trial court allowed defendant's counsel to withdraw his appearance, it expressed "serious question as to [defendant's] competency," citing defendant's consistent failure or refusal to cooperate with counsel...

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