PEOPLE v. LAZDINS

No. 85CA0105.

728 P.2d 354 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Peter LAZDINS, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 17, 1986.

Certiorari Denied November 3, 1986.


Attorney(s) appearing for the Case

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

Hugh R. Warder, Glenwood Springs, for defendant-appellant.


STERNBERG, Judge.

The defendant, Peter Lazdins, appeals his conviction of second-degree assault. Concluding that the additional instruction given the jury after it indicated it was deadlocked was error, we reverse.

After the jury had deliberated for over thirteen hours, the foreman sent a note to the trial court stating: "We have serious differences and don't anticipate a unanimous decision. Please advise us."

After discussions with counsel the court...

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