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PEOPLE v. GARCIA

No. 99SC772.

28 P.3d 340 (2001)

The PEOPLE of the State of Colorado, Petitioner, v. Manuela S. GARCIA, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 6, 2001.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Matthew S. Holman, Assistant Attorney General, Appellate Division Criminal, Justice Section, Denver, CO, Attorneys for Petitioner.

Ann M. Roan, Denver, CO, Attorney for Respondent.

Nancy S. Ehrenreich, University of Denver, College of Law, Denver, CO, Attorney for Amicus Curiae The Colorado Women's Bar Association and Project Safeguard.

Justice RICE delivered the Opinion of the Court.

We issued a writ of certiorari to review the court of appeals' judgment in People v. Garcia, 1 P.3d 214 (Colo.App.1999) reversing Defendant's conviction. Defendant was convicted by a jury of second-degree murder and a crime of violence after killing her husband with an ax. The court of appeals held that reversal was required because the trial court's instructions improperly characterized...

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