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PEOPLE v. ATKINS

No. 89CA0950.

844 P.2d 1196 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Rory Franco ATKINS, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing August 20, 1992.

Certiorari Denied February 1, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Cheryl A. Linden, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for defendant-appellant.

Opinion by Judge CRISWELL.

Defendant, Rory Franco Atkins, appeals the judgment of conviction entered upon a special jury verdict finding him guilty of murder in the first degree, based upon both extreme indifference murder and murder after deliberation. He contends, among other things, that reversal is required because these two special findings are inconsistent and, in addition, that there was insufficient evidence to support a finding of extreme indifference murder...

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