PEOPLE v. BRANCH

No. 87CA0077.

786 P.2d 441 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael A. BRANCH, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied July 20, 1989.

Certiorari Granted January 2, 1990.


Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, and Janet Fullmer Youtz, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge PIERCE.

Defendant, Michael A. Branch, appeals a judgment of conviction entered on a jury verdict finding him guilty of second degree murder. We reverse.

Defendant contends that statements made by him during a sua sponte court ordered competency examination were improperly used to impeach his testimony at trial. We agree.

Defendant's Sixth Amendment right to counsel attached as soon as adversarial proceedings were instituted...

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