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PEOPLE v. DAVIS

No. 87SA288.

794 P.2d 159 (1990)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gary Lee DAVIS, a/k/a Gary Lee Gehrer, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing July 9, 1990.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Robert M. Petrusak, Hope P. McGowan, Asst. Attys. Gen., Appellate Section, Denver, Steven L. Bernard, Sp. Asst. Atty. Gen., Adams County Dist. Atty.'s Office, Brighton, for plaintiff-appellee.

Shelley Gilman, Pozner Hutt Gilman Kaplan, P.C., Denver, for defendant-appellant.

Mary G. Allen, Colorado Springs, for amicus curiae Colorado Crim. Defense Bar.

Justice MULLARKEY delivered the Opinion of the Court.

This is a direct appeal pursuant to section 16-11-103(7)(a), 8A C.R.S. (1986), of a death sentence imposed on the defendant Gary Lee Davis following his trial and convictions on charges of first-degree murder, felony murder, conspiracy to commit murder in the first degree, second-degree kidnapping, and conspiracy to commit second-degree kidnapping. Davis does not challenge the guilt phase of his trial but raises...

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