PEOPLE v. ESQUIBEL

No. 87CA1685.

794 P.2d 1065 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donaciano ESQUIBEL, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 8, 1990.

Certiorari Denied July 16, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Andrew C. Heher, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge STERNBERG.

The defendant, Donaciano Esquibel, appeals a judgment of conviction for one count of second degree burglary. He contends that his right to a jury trial under both the United States and Colorado Constitutions, as well as his due process rights, were violated by virtue of the improper jury instructions. We disagree and therefore affirm.

The defendant was charged by information with one count of second degree burglary and one count...

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