GANN v. PEOPLE

No. 85SC256.

736 P.2d 37 (1987)

Ray GANN, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 18, 1987.


Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Claire Levy, Jonathan Willett, Deputy State Public Defenders, Denver, for petitioner.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Maureen Phelan, Asst. Atty. Gen., Denver, for respondent.


ERICKSON, Justice.

Petitioner Ray Gann (Gann or defendant) was convicted by a jury of attempted first-degree murder after deliberation. See §§ 18-3-102(1)(a), 18-2-101(1), 8B C.R.S. (1986). The court of appeals, in an unpublished opinion, held that the erroneous instruction in this case did not constitute plain error. People v. Gann, No. 83CA0951, slip op. at 4-6 (Colo.App. May 2, 1985). We granted certiorari to determine whether the instruction...

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