KIRSHBAUM, Justice.
The petitioner, John Francis Huckleberry (Huckleberry), was convicted in El Paso County District Court of first degree murder, in violation of section 18-3-102, 8B C.R.S. (1986), and a crime of violence, in violation of section 16-11-309, 8A C.R.S. (1986). The Court of Appeals reversed the conviction in People v. Huckleberry,
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