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PEOPLE v. RUBIO

No. 06CA2014.

222 P.3d 355 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Andreas RUBIO, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 7 and June 11, 2009.

Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Patricia R. Van Horn, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Thomas K. Carberry, Denver, Colorado, for Defendant-Appellant.

Opinion by Judge CONNELLY.

Defendant, Andreas Rubio, was convicted after a jury trial of five counts of attempted first degree extreme indifference murder, and sentenced to consecutive thirty-six-year terms for a total of 180 years in the Department of Corrections. We hold the trial court erroneously denied defendant's request to provide the jury with the option of convicting on a lesser non-included offense involving reckless...

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