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PEOPLE v. JEFFERSON

Nos. 86SA464, 87SA237.

748 P.2d 1223 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Phillip JEFFERSON, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Clyde Edward SAVAGE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearings Denied February 8, 1988.

Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Scott Jurden, and Rachel A. Bellis, Deputy State Public Defenders, Denver, for defendants-appellees.

ROVIRA, Justice.

These two cases on appeal raise an identical issue: The constitutionality of Colorado's "extreme indifference" murder statute, section 18-3-102(1)(d), 8B C.R.S. (1986). In both cases, the district court relying on People v. Marcy, 628 P.2d 69 (Colo.1981), held the statute facially unconstitutional as violative of defendants' equal protection rights under article II, section 25 of the Colorado Constitution because...

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