PEOPLE v. BERGERUD

No. 06CA0013.

203 P.3d 579 (2008)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Allen Charles BERGERUD, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied October 16, 2008.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Paul Koehler, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Samler & Whitson, P.C., Hollis A. Whitson, Eric A. Samler, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge CONNELLY.

Defendant, Allen Charles Bergerud, appeals his murder and assault convictions after a trial in which he represented himself. We reverse the convictions and remand for a new trial because defendant's constitutional right to counsel was violated by requiring him to choose between having counsel or an innocence defense.

I. Background

Defendant originally was charged with capital murder for killing his ex-girlfriend L.C. and...

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