PEOPLE v. CASTRO

No. 96CA0378.

952 P.2d 762 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Anthony Jamie CASTRO, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing August 7, 1997.

Certiorari Denied February 23, 1998.


Attorney(s) appearing for the Case

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

David F. Vela, Colorado State Public Defender, Pamela A. Dayton, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge METZGER.

Defendant, Anthony Jamie Castro, appeals the judgment of conviction entered upon jury verdicts finding him guilty of second degree assault (heat of passion provocation) and third degree assault. We reverse and remand for a new trial.

The evidence at trial established that, while at a roller skating rink, defendant, then 15 years old, saw his girlfriend sitting with another boy whose hand was resting on her thigh. Defendant, who was...

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