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PEOPLE v. IBARRA

No. 92SA228.

849 P.2d 33 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tiburcio IBARRA, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 12, 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 D. Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., Eric V. Field, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, for defendant-appellant.

Justice ERICKSON delivered the Opinion of the Court.

The appellant, Tiburcio Ibarra, was convicted by a jury of two counts of felony menacing in violation of section 18-3-206, 8B C.R.S. (1986), and sentenced to four years of incarceration in the Department of Corrections on each count. On appeal, Ibarra asserts the following grounds for reversal of his judgment of conviction:

(1) The felony-menacing statute, section 18-3-206, 8B C.R.S. (1986), unconstitutionally...

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