PEOPLE v. STEWART

No. 98CA0838.

26 P.3d 17 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Wayne Robert STEWART, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied July 27, 2000.

Certiorari Granted June 25, 2001.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Robert Mark Russel, Assistant Solicitor General, Kathleen M. Byrne, Special Assistant Attorney General, Katherine A. Hansen, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee

David F. Vela, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant


Opinion by JUDGE ROY

Defendant, Wayne Robert Stewart, appeals the judgment of conviction entered upon a jury verdict finding him guilty of reckless second degree assault. We reverse the judgment and remand. We also vacate the trial court order granting an appeal bond to defendant.

On March 23, 1997, as defendant was exiting a restaurant parking lot in his car, he passed very close to three persons (victims). This resulted in an escalating confrontation. According...

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