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PEOPLE v. GARCIA

No. 91SC39.

826 P.2d 1259 (1992)

The PEOPLE of the State of Colorado, Petitioner, v. Lawrence C. GARCIA, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 6, 1992.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Daniel J. Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Douglas J. Friednash, Sp. Asst. Atty. Gen., Denver, for petitioner.

David F. Vela, Colo. State Public Defender, Kathleen A. Lord, Deputy State Public Defender, Denver, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

Defendant Lawrence C. Garcia was charged and convicted by a jury of second-degree murder1 and crime of violence2 for the stabbing death of L.C. The trial court imposed a sentence of twenty-four years and one day. The court of appeals reversed Garcia's conviction and remanded for a new trial for the failure of the trial court to instruct the jury on "heat...

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