PEOPLE v. FERGUSON

No. 99CA1266.

43 P.3d 705 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kenneth FERGUSON, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied February 21, 2002.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Matthew S. Holman, Assistant Attorney General, Denver, CO, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Elizabeth Griffin, Deputy State Public Defender, Denver, CO, for Defendant-Appellant.


Opinion by Judge ROTHENBERG.

Defendant, Kenneth Ferguson, appeals the judgment of conviction entered upon a jury verdict finding him guilty of first degree assault committed under a sudden heat of passion. Defendant also appeals the sentence imposed. We reverse the judgment, vacate the sentence, and remand for a new trial.

Defendant and the victim argued, exchanged racial epithets, and prepared to fight. According to the prosecution's evidence, when the victim...

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