PEOPLE v. TOLER

No. 96CA1424.

981 P.2d 1096 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tristan TOLER, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing November 19, 1998.

Certiorari Granted July 12, 1999.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney

General, Richard A. Westfall, Solicitor General, John J. Fuerst, III, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge VOGT.

Defendant, Tristan Toler, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of second degree murder. We reverse and remand for a new trial.

Defendant shot and killed the victim after the victim and the victim's cousin had chased him and another youth into a third party's fenced yard, believing that the youths had stolen a car stereo. Defendant's companion climbed over the eight-foot fence and escaped...

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