PEOPLE v. SPOTO

No. 85CA1286.

772 P.2d 631 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Vincent Joseph SPOTO, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied November 25, 1988.

Certiorari Granted April 10, 1989.


Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, Linda Perkins, Kathleen A. Lord, Deputy State Public Defenders, Denver, for defendant-appellant.


NEY, Judge.

The defendant, Vincent Joseph Spoto, appeals from the judgment of conviction of first degree murder for the shooting death of Roger Berg (victim). We reverse and remand.

On the night of the shooting, defendant's roommate, accompanied by defendant, went to a woman's apartment to confront her concerning her relationship with the roommate and with the victim. Upon arriving there, they found the woman and the victim sleeping in a bedroom. After a brief...

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