PEOPLE v. NEWTON

No. 94CA2073.

940 P.2d 1065 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Lester L. NEWTON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied December 27, 1996.

Certiorari Granted August 4, 1997.


Attorney(s) appearing for the Case

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

Gerash, Robinson & Miranda, P.C., Walter L. Gerash, Denver, for Defendant-Appellant.


Opinion by Judge CRISWELL.

Defendant, Lester L. Newton, appeals from a judgment of conviction entered on a jury verdict finding him guilty of two counts of aggravated robbery, one count of theft over $15,000, and three counts of menacing. We reverse his convictions and remand for a new trial.

In 1993, an armored truck guard was robbed while making a delivery. Eyewitnesses saw no more than three perpetrators, all of whom were masked. They were described as...

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