PEOPLE v. MARQUEZ-LOPEZ

No. 95CA1684.

952 P.2d 788 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jorge MARQUEZ-LOPEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied September 18, 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, Lynne Delisi Oliva, Special Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Julie Iskenderian, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge RULAND.

Defendant, Jorge Marquez-Lopez, appeals from the judgment entered upon a jury verdict finding him guilty of second degree assault upon a peace officer. We reverse and remand for a new trial.

The record reflects that defendant suffered an epileptic seizure in his mobile home. His mother asked a neighbor to call an ambulance. The neighbor called 911 and stated that defendant was having an "attack of the nerves" and that "he could hurt...

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