PEOPLE v. GONZALES

No. 94CA0099.

926 P.2d 153 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Daniel GONZALES, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 9, 1996.

Certiorari Denied October 21, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Paul Koehler, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Janet F. Youtz, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge BRIGGS.

Defendant, Daniel Gonzales, appeals the judgment of conviction entered and sentences imposed on jury verdicts finding him guilty of first degree assault on a peace officer and attempted second degree murder. He contends that the verdicts were inconsistent, that the first degree assault statute is unconstitutional, and that his sentences were excessive. We affirm but remand for correction of the mittimus.

A police officer entered an...

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