PEOPLE v. MARTINEZ

No. 00CA0312.

51 P.3d 1046 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Stephen MARTINEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing February 7, 2002.

Certiorari Granted August 5, 2002.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Lauren Edelstein Park, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Ann M. Aber, Deputy State Public Defender, James Grimaldi, Deputy State Public Defender, Denver, CO, for Defendant-Appellant.


Opinion by Judge ROY.

Defendant, Stephen Martinez, appeals the trial court's judgment of conviction entered on a jury verdict finding him guilty of first degree, knowing murder of a child by a person in a position of trust, under § 18-6-401(7)(c), C.R.S.2001. We reverse and remand for a new trial.

On October 17, 1998, defendant was babysitting his girlfriend's four-month-old baby daughter born of a previous relationship. Defendant reported to the emergency...

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