PEOPLE v. GARCIA

No. 95CA0168.

920 P.2d 878 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark Anthony GARCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied March 7, 1996.

Certiorari Granted August 19, 1996.


Attorney(s) appearing for the Case

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

Keith D. Johnson, Denver, for Defendant-Appellant.


Opinion by Judge ROY.

Defendant, Mark Anthony Garcia, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of first degree criminal trespass and his subsequent adjudication as an habitual criminal. We reverse.

Defendant was initially charged with second degree burglary and the jury was instructed on that offense in accordance with § 18-4-203, C.R.S. (1986 Repl.Vol. 8B). At the request of the prosecution and over the objection...

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