PEOPLE v. VIEYRA

No. 05CA0958.

169 P.3d 205 (2007)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. David A. VIEYRA, II, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Certiorari Denied October 29, 2007.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Jonathan Patrick Fero, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Michelle L. Lazar, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge ROMÁN.

Defendant, David A. Vieyra, II, appeals from the trial court's order denying his Crim. P. 35(c) motion for postconviction relief. We affirm.

In November 1993, defendant fatally shot the victim in his home after ringing the doorbell and confronting the victim's wife with a gun. Defendant fled the scene. However, the victim's wife was a witness to the shooting and described her husband's assailant to the police.

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