PEOPLE v. MILLER

No. 02CA1198.

97 P.3d 171 (2003)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael R. MILLER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied February 5, 2004.

Certiorari Denied September 7, 2004.


Attorney(s) appearing for the Case

Stuart A. VanMeveren, District Attorney, Michael Pierson, Deputy District Attorney, Benjamin Lammons, Deputy District Attorney, Fort Collins, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Nancy J. Lichtenstein, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge TAUBMAN.

The People appeal from the trial court's ruling that dismissed a charge of second degree assault on a peace officer filed against defendant, Michael R. Miller. We disapprove the ruling.

In June 2001, law enforcement officers responded to a report of domestic violence. At the scene, the officers observed defendant in a room with his girlfriend. He was intoxicated, angry, and yelling profanities.

Defendant was antagonistic to...

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