PEOPLE v. BACHICHA

No. 94CA1823.

940 P.2d 965 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Che J. BACHICHA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing December 5, 1996.

Certiorari Denied August 11, 1997.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Che Bachicha, appeals the judgment entered on a jury verdict finding him guilty of second degree burglary. We reverse and remand for a new trial.

In February 1994, police officers discovered defendant, who was intoxicated, inside a closed restaurant. Defendant asserted that he had been attacked outside the restaurant by an unknown assailant and that, during the attack, the window of the restaurant had been broken. Defendant...

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