PEOPLE v. WARTENA

No. 08CA0675.

296 P.3d 136 (2012)

2012 COA 12

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Matthew Gene WARTENA, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

February 2, 2012.


Attorney(s) appearing for the Case

John W. Suthers , Attorney General, John T. Lee , Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson , Colorado State Public Defender, Andrew C. Heher , Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge CASEBOLT.

¶ 1 Defendant, Matthew Gene Wartena, appeals the judgment of conviction entered on jury verdicts finding him guilty of second degree burglary and attempted second degree murder, among other offenses. He asserts that those convictions must be vacated because the evidence is insufficient to prove that he intended to commit theft when entering a building and because the trial court erroneously refused to instruct the jury on lesser nonincluded...

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