PEOPLE v. ULLERY

No. 95CA1020.

964 P.2d 539 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Brent D. ULLERY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 15, 1998.

Petition for Certiorari Denied and Cross-Petition Granted October 19, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Douglas J. Friednash, Special Assistant Attorney General, Denver, for Plaintiff-Appellee.

Katharine K. Nanda, Denver, for Defendant-Appellant.


Opinion by Judge DAVIDSON.

Defendant, Brent D. Ullery, appeals from the judgment of conviction entered on a jury verdict finding him guilty of criminal attempt, robbery of the elderly, aggravated robbery, possessing an illegal weapon, and first degree assault. At trial, defendant raised the affirmative defense of impaired mental condition. We reverse and remand.

I.

Pursuant to 16-8-103.6, C.R.S.1997, because...

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