PEOPLE v. TENNESON

Nos. 88SA144, 88SA258.

788 P.2d 786 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Michael TENNESON, Defendant-Appellee. The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Timothy VIALPANDO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing April 2, 1990.


Attorney(s) appearing for the Case

Norman S. Early, Jr., Dist. Atty., Nathan B. Coates, Chief Deputy Dist. Atty., and Joan C. White, Deputy Dist. Atty., Denver, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, and Terri L. Brake, Chief Deputy Public Defender, Denver, for defendants-appellees.


Justice LOHR delivered the Opinion of the Court.

Pursuant to section 16-12-102(1), 8A C.R.S. (1986), the prosecution challenges the penalty phase instructions in two death penalty cases, People v. Tenneson, No. 88SA144, and People v. Vialpando, No. 88SA258.1 In each case, the trial court instructed the jury that in order to sentence the defendant to death the jurors must find that the proven statutory aggravating factors...

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