PEOPLE v. TOLER

No. 98SC858.

9 P.3d 341 (2000)

The PEOPLE of the State of Colorado, Petitioner, v. Tristan TOLER, Respondent.

Supreme Court of Colorado, En Banc.

September 11, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John J. Fuerst III, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Petitioner.

David Kaplan, Colorado State Public Defender, Joan E. Mounteer, Deputy State Public Defender, Denver, Colorado, Attorneys for Respondent.


Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

In this case, we address the use of deadly physical force in self-defense, which is established by statute under section 18-1-704, 6 C.R.S. (1999). The defendant, Tristan Toler, shot and killed Christy Martinez, claiming self-defense. Toler objected to the jury instruction defining self-defense, claiming that the instruction could have improperly misled the jury to believe that a trespasser...

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