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PEOPLE v. KITTRELL

No. 87CA1095.

786 P.2d 467 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Lee KITTRELL, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 21, 1989.

Certiorari Denied January 29, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and John Milton Hutchins, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, and Thomas R. Williamson and Katherine Campbell, Deputy State Public Defenders, Denver, for defendant-appellant.

Opinion by Judge MARQUEZ.

Defendant, Donald Lee Kittrell, appeals a judgment entered upon a jury verdict finding him guilty of murder in the first degree (felony murder) and murder in the second degree. We affirm in part, and remand with directions.

Defendant was charged by information with first degree murder (after deliberation) pursuant to § 18-3-102(1)(a), C.R.S. (1986 Repl.Vol. 8B) and first degree murder (felony murder) pursuant to § 18-3-102...

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