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PEOPLE v. MILLER

No. 04SC414.

113 P.3d 743 (2005)

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

Supreme Court of Colorado, En Banc.

Rehearing Denied June 27, 2005.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, John J. Fuerst III, Assistant Attorney General, Denver, for Petitioner.

David S. Kaplan, State Public Defender, Elizabeth Griffin, Deputy Public Defender, Denver, for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

A jury convicted the defendant, Michael Miller, of, among other things, first-degree murder (after deliberation) and first-degree felony murder, rejecting Miller's affirmative defense of involuntary intoxication, and rejecting evidence that Miller's voluntary intoxication had negated the requisite mental state of first-degree murder (after deliberation). Under the doctrine of merger, the felony murder conviction...

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