PEOPLE v. VAN PATRICK

No. 87CA1367.

789 P.2d 199 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert VAN PATRICK, Defendant-Appellant.

Colorado Court of Appeals, Division C.

Rehearing Denied September 21, 1989.

Certiorari Denied March 12, 1990.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, and Rachel A. Bellis, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge RULAND.

Defendant, Robert Van Patrick, appeals from the aggravated sentence imposed upon him following his conviction of second degree assault. We reverse.

Following an incident in which the defendant hit the victim in the head with a golf club, the defendant was charged with both first degree assault involving the use of a deadly weapon, and crime of violence based upon alleged use of a gun in the commission of the crime. During a trial to...

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