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PEOPLE v. DRAKE

No. 84SA34.

748 P.2d 1237 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Owen DRAKE, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 8, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, and Clement P. Engle, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Harmon & Griff, Maurice J. Harmon, Grand Junction, for defendant-appellant.

Massaro & Nugent, Nicholas R. Massaro, Grand Junction, and Haddon, Morgan & Foreman, P.C., Norman R. Mueller, Denver, for amici curiae American Civil Liberties Union and Colorado Criminal Defense Bar.

KIRSHBAUM, Justice.

Richard Owen Drake, the defendant, was found guilty by a jury of murder in the first degree, in violation of section 18-3-102, 8B C.R.S. (1986), in connection with the death of his wife, Regina Drake. After further proceedings, the trial court imposed a sentence of death pursuant to section 16-11-103, 8A C.R.S. (1978 & 1983 Supp.). The defendant has appealed his conviction pursuant to section 16-11...

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