PEOPLE v. GUENTHER

No. 86SA282.

740 P.2d 971 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. David Alan GUENTHER, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

July 13, 1987.


Attorney(s) appearing for the Case

James F. Smith, Dist. Atty., Steven L. Bernard, Chief Trial Deputy, Brighton, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Frances Smylie Brown, Deputy State Public Defender, Denver, for defendant-appellee.


QUINN, Chief Justice.

The People appeal from a judgment dismissing charges of second degree murder, first degree assault, and the commission of a crime of violence filed against the defendant, David Alan Guenther. The district court dismissed the charges pursuant to section 18-1-704.5(3), 8B C.R.S. (1986), which provides that under certain circumstances an occupant of a dwelling using any degree of physical force against an intruder, including deadly physical force...

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