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PEOPLE v. ZAPATA

No. 85CA1034.

759 P.2d 754 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Toby E. ZAPATA, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 24, 1988.

Certiorari Granted August 8, 1988.

Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant.

Certiorari Granted (People) August 8, 1988.

HUME, Judge.

Defendant, Toby Zapata, was convicted of two counts of first degree sexual assault, two counts of second degree burglary, and two counts of violent crime. He was sentenced to two consecutive 24-year terms of imprisonment for the aggravated assault convictions, and two consecutive 16-year terms for the burglary convictions. He asserts the court erred: 1) in refusing his tendered instructions on misidentification...

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