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PEOPLE v. MARTINEZ

No. 02SC152.

74 P.3d 316 (2003)

The PEOPLE of the State of Colorado, Petitioner, v. Stephen MARTINEZ, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 18, 2003.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Katharine J. Gillespie, Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner The People of the State of Colorado.

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Denver, Colorado, Attorneys for Respondent Stephen Martinez.

Colorado District Attorneys' Council, Miles Madorin, Denver, Colorado, Attorneys for Amicus Curiae Colorado District Attorneys' Council.

J. Wallace Wortham, Jr., Denver City Attorney, Laura Grzetic Eibsen, Assistant City Attorney, Denver, Colorado, Attorneys for Amicus Curiae Denver Department of Human Services.

H. Patrick Furman, Boulder, Colorado, Attorney for Amicus Curiae Colorado Criminal Defense Bar.

Justice MARTINEZ delivered the Opinion of the Court.

A jury convicted Stephen Martinez of murder in the first degree for knowingly killing Heather Mares, a child under the age of twelve in his care. Martinez violently shook four month-old Heather and slammed her head on the edge of her crib, resulting in her death. Two experts for the prosecution, Dr. Ann Martin and Dr. Patty Rosquist, explained Heather died from blunt force trauma to the head resulting from shaken...

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