PEOPLE v. CUSHINBERRY

No. 91CA0300.

855 P.2d 18 (1992)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Paul L. CUSHINBERRY, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied February 4, 1993.

Certiorari Denied July 6, 1993.


Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, Kristin Giovanini, Deputy State Public Defender, Thomas K. Carberry, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge BRIGGS.

Defendant, Paul L. Cushinberry, appeals the judgment of conviction entered upon a jury verdict finding him guilty of second degree murder. We affirm.

Defendant's sole contention on appeal is that the trial court erred in refusing to instruct the jury on the affirmative defense set out in § 18-1-704.5, C.R.S. (1986 Repl.Vol. 8B), the "make-my-day" statute. We find no error.

There must be evidence in the record to support...

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