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PEOPLE v. FRY

No. 00CA1459.

74 P.3d 360 (2002)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard D. FRY, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 2, 2003.

Certiorari Granted August 4, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Paul Koehler, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CASEBOLT.

Defendant, Richard D. Fry, appeals the judgment of conviction entered upon jury verdicts finding him guilty of second degree murder, second degree assault, and five habitual criminal counts. We reverse and remand for a new trial.

The victim was defendant's live-in girlfriend. When the victim's son telephoned defendant's residence, the victim was unable to speak intelligibly with him. Concerned for her welfare, the son notified the...

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