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PEOPLE v. MARTINEZ

No. 99SA206.

22 P.3d 915 (2001)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Danny Nieto MARTINEZ, Jr., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 22, 2001.

Attorney(s) appearing for the Case

David J. Thomas, District Attorney, Donna Skinner Reed, Chief Appellate Deputy District Attorney, Mary Malatesta, Assistant Attorney General and Special Prosecutor, Golden, CO, Attorneys for Plaintiff-Appellant.

Susan L. Foreman, Boulder, CO, Haddon, Morgan & Foreman, P.C., Ty Gee, Denver, CO, Attorneys for Defendant-Appellee.

Justice KOURLIS delivered the Opinion of the Court.

This case comes before the court on the People's appeal of a dissenting judge's opinion in a death penalty case. A jury convicted Defendant Danny Martinez as a complicitor to a number of offenses1 arising out of the assault, rape, kidnapping, and murder of fourteen-year-old Brandaline Duvall. The court of appeals affirmed the convictions in People v. Martinez, 24...

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