PEOPLE v. WELLER

No. 82SA413.

679 P.2d 1077 (1984)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David L. WELLER, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

April 9, 1984.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Norman S. Early, Jr., Dist. Atty., Second Judicial District, Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Terri L. Brake, Sp. Deputy State Public Defender, Denver, for defendant-appellant.


DUBOFSKY, Justice.

The defendant, David L. Weller, appeals his conviction of second degree assault under section 18-3-203(1)(b), C.R.S., after a jury trial in Denver District Court. We affirm the judgment.

On July 31, 1980, Gerald Fleming and his friend Jack Kassell went to the 7-11 at 2609 Federal Boulevard around 2:00 a.m. to purchase rolling papers. Upon learning that they were not sold at the 7-11, Fleming and Kassell returned to their car and found papers...

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