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PEOPLE v. CASTENADA

No. 86CA1656.

765 P.2d 641 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Narcisco G. CASTENADA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 29, 1988.

Certiorari Granted December 19, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Hope McGowan, Timothy E. Nelson, Asst. Attys. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Philip R. Cockerille, Sp. Deputy State Public Defender, Denver, for defendant-appellant.

Certiorari Granted (People) December 19, 1988.

KELLY, Chief Judge.

The defendant, Narcisco G. Castenada, was found guilty by a jury of aggravated robbery in violation of § 18-4-302(1)(b), C.R.S. (1986 Repl.Vol. 8B), but was found not to have "used, or possessed and threatened the use of, a deadly weapon during the commission of ... [a] robbery" within the meaning of § 16-11-309(2)(a)(I), C.R.S. (1986 Repl.Vol. 8A). Relying on Robles v. People...

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