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PEOPLE v. AGUAYO

Nos. 92SA148, 92SA149.

840 P.2d 336 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph Nick AGUAYO and Marvin Dennis, Jr., Defendants-Appellees. The PEOPLE of the State of Colorado, Petitioner, v. DISTRICT COURT, GILPIN COUNTY, Colorado, and the Honorable Kenneth E. Barnhill, the Judge thereof, Respondents.

Supreme Court of Colorado, En Banc.

November 9, 1992.

Attorney(s) appearing for the Case

Donald E. Mielke, Dist. Atty., Donna Skinner Reed, Chief Appellate Deputy Dist. Atty., Golden, for plaintiff-appellant.

Schoenwald & Lewis, P.C., Forrest W. Lewis, Denver, for Marvin Dennis, Jr.

David F. Vela, Public Defender, Terri L. Brake, Chief Deputy Public Defender, Denver, for Joseph Nick Aguayo.

Chief Justice ROVIRA delivered the Opinion of the Court as to Parts I and II and delivered the Judgment of the Court as to Part III.

The People appeal a ruling of the Gilpin County District Court precluding the death penalty from consideration at the trial of the defendants, Joseph Nick Aguayo and Marvin Dennis, Jr.1 The trial court ruled that sections 16-11-801 and -802, 8A C.R.S. (1992 Supp...

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