PEOPLE v. BADHAWK

No. 86SA318.

761 P.2d 753 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Gene BADHAWK, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 11, 1988.


Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Donna Skinner Reed, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Judy Fried, Deputy State Public Defender, Denver, for defendant-appellee.


KIRSHBAUM, Justice.

The People appeal the trial court's order setting aside a jury verdict finding the appellee, Gene Badhawk, guilty of the offense of aggravated robbery and entering a judgment of guilty of simple robbery.1 The trial court concluded that the initial verdict was inconsistent with the jury's subsequent special finding that Badhawk did not use, or possess and threaten to use, a deadly weapon during the commission of the...

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