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PEOPLE v. GONZALES

No. 85CA0134.

728 P.2d 384 (1986)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Art GONZALES, also known as Jesus Martinez Garcia, also known as Arthur Rodriguez Martinez, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied October 2, 1986.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendant-appellant.

VAN CISE, Judge.

Defendant, Art Gonzales, appeals a judgment of conviction entered upon a jury verdict of guilty of aggravated motor vehicle theft. His sole contention on appeal is that the trial court erroneously instructed the jury on complicity. We reverse and remand for a new trial.

The evidence at trial established that a police officer stopped a 1965 Chevrolet, driven by defendant, because its license plates...

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