PEOPLE v. COVINGTON

No. 96CA1665.

988 P.2d 657 (1999)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard COVINGTON, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied May 6, 1999.

Certiorari Granted October 18, 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. Krause, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Claudia Brett Goldin, Deputy State Public Defender, Lisa Dixon, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge ROY.

Defendant, Richard Covington, appeals the judgment and conviction entered upon a jury verdict finding him guilty of second degree assault, possession of more than eight ounces of marihuana, and misdemeanor menacing. We reverse defendant's conviction for second degree assault, affirm the other convictions, and remand for a new trial.

Second degree assault, as charged here, requires that the actor recklessly cause serious bodily injury...

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