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PEOPLE v. VASQUEZ

No. 03CA1821.

148 P.3d 326 (2006)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Tommy VASQUEZ, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied August 3, 2006.

Certiorari Denied November 27, 2006.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Wendy J. Ritz, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

David S. Kaplan, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

DAILEY, J.

Defendant, Tommy Vasquez, appeals the judgment of conviction entered upon a jury verdict finding him guilty of second degree murder (heat of passion). He also appeals the sentence imposed. We reverse and remand for a new trial.

Defendant was originally charged with second degree murder and first degree assault arising out of a 2001 altercation with two brothers at a bar.

The three men had a history together. In 1993, they had been involved...

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