PEOPLE v. MONTOYA

No. 86CA0180.

773 P.2d 623 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jerry MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied April 13, 1989.

Certiorari Denied May 1, 1989.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Asst. Atty. Gen., Denver, for plaintiff-appellee.

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


CRISWELL, Judge.

The defendant, Jerry Montoya, appeals the judgment of conviction of aggravated robbery and of being an habitual criminal. We reverse and remand for a new trial.

In February 1985, a tavern was robbed by an armed masked robber. Because of the mask, the bartender was unable to identify the perpetrator, although she testified that, like defendant, he was short, dark-complexioned, and of Hispanic ancestry.

A relative by marriage of defendant...

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