PEOPLE v. WHATLEY

No. 98CA2085.

10 P.3d 668 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas WHATLEY, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied April 27, 2000.

Certiorari Denied October 10, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, David B. Bush, Special Assistant Attorney General, John J. Krause, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Gradisar, Trechter, Ripperger, Roth, David A. Roth, Pueblo, Colorado, for Defendant-Appellant.


Opinion by Judge PIERCE*

Defendant, Thomas Whatley, appeals a judgment of conviction entered on the jury verdict finding him guilty of second degree assault on a police officer performed upon a sudden heat of passion. We affirm.

Defendant was a passenger in an automobile whose driver had been pulled over by police for suspicion of driving under the influence of alcohol. After the car had been stopped for some time, defendant exited...

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