No. 01CA2514.

87 P.3d 159 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steve David GARCIA, Jr., Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied September 18, 2003.

Certiorari Granted April 5, 2004.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge GRAHAM.

Defendant, Steve David Garcia, Jr., appeals the judgment of conviction entered upon a jury verdict finding him guilty of attempted second degree murder and first degree assault. We reverse and remand for a new trial.

On July 8, 1999, defendant's wife told him she wanted to end their marriage, and defendant moved out of the home. Their child's birthday was imminent, and the child invited defendant to her birthday party. Wife gave defendant...


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