HARRIS v. PEOPLE

No. 93SC155.

888 P.2d 259 (1995)

LaShawn HARRIS, Petitioner and Cross-Respondent, v. The PEOPLE of the State of Colorado, Respondent and Cross-Petitioner.

Supreme Court of Colorado, En Banc.

Rehearing Denied February 6, 1995.


Attorney(s) appearing for the Case

David F. Vela, State Public Defender, Thomas K. Carberry, Deputy State Public Defender, Denver, for petitioner and cross-respondent.

Gale A. Norton, Atty. Gen., Stephen K. ErkenBrack, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert M. Russel, First Asst. Atty. Gen., Robert M. Petrusak, Jonathan Arnold Abbott, Asst. Attys. Gen., Denver, for respondent and cross-petitioner.

Frances Smylie Brown, Forrest W. Lewis, Denver, for amicus curiae Colorado Crim. Defense Bar.

Nathan B. Coats, Chief Deputy Dist. Atty., Second Judicial Dist., Denver, for amicus curiae Colorado Dist. Attys. Council.


Justice KIRSHBAUM delivered the Opinion of the Court.

In People v. Harris, No. 91CA0390 (Colo. App. Dec. 24, 1993) (not selected for official publication), the court of appeals affirmed the trial court's judgment based on a jury verdict finding the petitioner and cross-respondent, LaShawn D. Harris, guilty of first degree assault.1 In so doing, the court of appeals agreed with Harris's argument that the prosecuting attorney's conduct...

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