No. 87SA48.

794 P.2d 965 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Frank D. RODRIGUEZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 30, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., John D. Dailey, Deputy Atty. Gen., Appellate Section, Robert M. Petrusak, Asst. Atty. Gen., Joan C. White, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Michael J. Heher, Deputy State Public Defender, Denver, for defendant-appellant.

Justice ERICKSON delivered the Opinion of the Court.

This is a capital case where the jury imposed the death penalty after an extended trial. The defendant, Frank D. Rodriguez, does not seek review of the jury's determination of guilt, but only seeks to set aside the death penalty imposed by the jury. The only issue on appeal is whether errors in the penalty phase of the trial require that the death penalty be set aside and that the defendant be resentenced to life...


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