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PEOPLE v. QUINTANA

No. 93SC428.

882 P.2d 1366 (1994)

The PEOPLE of the State of Colorado, Petitioner, v. Anthony J. QUINTANA, Jr., Respondent.

Supreme Court of Colorado, En Banc.

October 17, 1994.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., A. William Bonner, Asst. Atty. Gen., Crim. Enforcement Section, Denver, for petitioner.

Gerash, Robinson & Miranda, P.C., Scott H. Robinson, Denver, for respondent.

Chief Justice ROVIRA delivered the Opinion of the Court.

During and immediately after the murder of Lawrence Martinez, Anthony Joseph Quintana Jr. (defendant) made three statements about killing other persons. At trial, the prosecution argued that these statements were admissible under CRE 404(b) to show intent to eliminate witnesses, plan, state of mind and absence of mistake. The trial court concluded that the prosecution...

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