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PEOPLE v. MUNIZ

No. 03CA0268.

190 P.3d 774 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael MUNIZ, Defendant-Appellant.

Colorado Court of Appeals, Div. V.

As Modified on Denial of Rehearing April 3, 2008.

Certiorari Denied August 18, 2008.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Jennifer A. Berman, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge J. JONES.

Defendant, Michael Muniz, appeals the judgment of conviction entered on jury verdicts finding him guilty of one count of second degree murder and two counts of a crime of violence. We reverse and remand for a new trial.

I. Background

On July 2, 1996, K.B. (the victim) returned home after visiting a Target store. Shortly thereafter, her neighbors, a husband and wife and their three daughters, heard yelling and screaming...

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