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PEOPLE v. MONTOYA

No. 03CA0420.

104 P.3d 303 (2004)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Johnnie Gary MONTOYA, Defendant-Appellant.

Colorado Court of Appeals, Division II.

Certiorari Denied January 10, 2005.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Matthew D. Grove, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Springer & Steinberg, P.C., Michael P. Zwiebel, Denver, Colorado, for Defendant-Appellant.

ROTHENBERG, J.

Defendant, Johnnie Gary Montoya, appeals the judgment of conviction entered on a jury verdict finding him guilty of second degree assault on a firefighter. The primary issue in this appeal is whether a person employed by a fire department, but acting solely as a paramedic, is a "firefighter" for purposes of § 18-3-203(1)(c), C.R.S.2003, the statute under which defendant was convicted. Because we conclude such a person is included within the term...

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