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PEOPLE v. SMITH

No. 92SA363.

848 P.2d 365 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald Eugene SMITH, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 29, 1993.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Eric V. Field, Asst. Atty. Gen., Appellate Section, Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Robert B. Holt, Special Deputy Public Defender, Denver, for defendant-appellant.

Justice VOLLACK delivered the Opinion of the Court.

Donald Eugene Smith (Smith) appeals the decision of the district court in People v. Smith, No. 89CR72 (June 28, 1990), wherein the jury found Smith guilty of first degree murder and the district court sentenced Smith to the mandatory minimum sentence of life imprisonment with no possibility of parole for forty years. § 18-1-105(1)(a)(IV), 8B C.R.S. (1986 & 1989 Supp.); § 16-11-103, 8A C.R.S....

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