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PEOPLE v. DeHERRERA

No. 83SA309.

697 P.2d 734 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard DeHERRERA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

March 25, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Jody Sorenson Theis and Seth J. Benezra, Deputy State Public Defenders, for defendant-appellant.

QUINN, Justice.

The defendant, Richard DeHerrera, appeals his convictions for assault in the second degree, driving under the influence, and leaving the scene of an accident. He challenges the constitutionality of the second degree assault statute and raises other claims relating to jury instructions and prosecutorial comments during summation. We affirm the defendant's convictions.1

I.

The defendant was charged in a...

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