PEOPLE v. CASTRO

No. 98CA2416.

10 P.3d 700 (2000)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bernard C. CASTRO, Sr., Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied July 27, 2000.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, John J. Fuerst, III, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Susan L. Foreman, Boulder, Colorado, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Bernard C. Castro, Sr., appeals the judgment of conviction entered on a jury verdict finding him guilty of second degree murder. We reverse and remand.

On January 20, 1998, several people, including defendant and the victim, spent the evening drinking at the home of mutual friends. Throughout the evening, defendant and the victim argued and verbally threatened each other.

In the early morning hours of January 21, 1998...

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