PEOPLE v. TRUJILLO

No. 02SC630.

83 P.3d 642 (2004)

The PEOPLE of the State of Colorado, Petitioner, v. Henry Michael TRUJILLO, Respondent.

Supreme Court of Colorado, En Banc.

January 26, 2004.


Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Matthew S. Holman, First Assistant Attorney General, Denver, Colorado, Attorney for Petitioner.

David S. Kaplan, Colorado State Public Defender, Cynthia Camp, Deputy State Public Defender, Denver, Colorado, Attorneys for Respondent.


Justice HOBBS delivered the Opinion of the Court.

We granted certiorari to review the court of appeals decision in People v. Trujillo, 62 P.3d 1034 (Colo.App.2002).1 Defendant, Henry Michael Trujillo, requested the trial court to deliver two lesser non-included defense instructions—resisting arrest and reckless endangerment—to the jury on retrial of mistried charges of first-degree...

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