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PEOPLE v. WILLNER

No. 93SC248.

879 P.2d 19 (1994)

The PEOPLE of the State of Colorado, Petitioner, v. Robert Farrell WILLNER, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 15, 1994.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russel, First Asst. Atty. Gen., John J. Krause, Asst. Atty. Gen., Criminal Enforcement Section, Denver, for petitioner.

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

Justice VOLLACK delivered the Opinion of the Court.

Petitioner, Robert Farrell Willner (Willner), was convicted by a jury of the offense of first degree murder, in violation of section 18-3-102, 8B C.R.S. (1986), and crime of violence, in violation of section 16-11-309, 8A C.R.S. (1986). At trial, Willner tendered a jury instruction describing the limits of a person's duty to retreat pursuant to our decision in Idrogo v. People, 818 P.2d 752...

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