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PEOPLE v. JANES

No. 96CA1680.

962 P.2d 315 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Mark K. JANES, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 26, 1998.

Certiorari Granted September 14, 1998.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Elizabeth Rohrbough, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Scott H. Robinson, P.C., Scott H. Robinson, Denver, for Defendant-Appellant.

Opinion by Judge NEY.

Defendant, Mark K. Janes, appeals the judgment of conviction entered on a jury verdict finding him guilty of manslaughter for fatally shooting a person in his dwelling. Defendant contends that the trial court erred in denying his pre-trial motion to dismiss the charges against him pursuant to § 18-1-704.5, C.R.S.1997, (the "make-my-day" law) and, in several instances, improperly instructing the jury. We reverse the judgment and order a new...

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