PEOPLE v. MENDOZA

No. 91CA0318.

860 P.2d 1370 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jesus MENDOZA, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 8, 1993.

Certiorari Granted and Judgment Vacated October 25, 1993.


Attorney(s) appearing for the Case

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

David F. Vela, State Public Defender, James A. Henderson, Sp. Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge PLANK.

Defendant, Jesus Mendoza, appeals a judgment of conviction entered upon a jury verdict finding him guilty of second degree murder. We remand for further proceedings.

On the evening of July 17, 1990, the victim, age 14 and allegedly associated with the "Crips" street gang, became involved in an argument with defendant, age 16 and allegedly associated with the rival "Bloods" gang.

In the course of the argument, defendant pulled...

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