PEOPLE v. VIALPANDO

No. 88CA1147.

809 P.2d 1082 (1990)

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

Colorado Court of Appeals, Div. I.

Rehearing Denied January 10, 1991.

Certiorari Granted May 13, 1991.

Cross-Petition for Certiorari Denied May 13, 1991.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John J. Krause, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Terri L. Brake, Chief Deputy Public Defender, Denver, for defendant-appellant.


Opinion by Judge PIERCE.

Defendant, Timothy Vialpando, appeals a judgment of conviction entered on a jury verdict finding him guilty of first degree murder, robbery, escape, possession of contraband, and being an habitual criminal. We reverse and remand for a new trial.

This was a highly publicized death penalty prosecution involving the killing of a sheriff's deputy who was assigned to guard against defendant's escape from a hospital. Defendant had been brought...

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