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PEOPLE v. GONZALES

Nos. 77-095, 77-242.

602 P.2d 6 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Jose GONZALES, Defendant-Appellant. The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Arnie VIDAL, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearings Denied May 11 and May 25, 1978.

Certiorari Granted August 21, 1978.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Karen Hoffman Seymour, J. Stephen Phillips, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for defendants-appellants.

RULAND, Judge.

Defendant, Jose Gonzales, appeals his jury conviction of intimidating a witness and defendant, Arnie Vidal, appeals his jury conviction of felony menacing and intimidating a witness. We affirm Vidal's convictions. We reverse Gonzales' conviction and remand for a new trial.

Insofar as pertinent here, evidence presented by the People showed that on May 28, 1976, Gonzales was involved in a fight with Lawrence Avalos outside a bar in Colorado Springs...

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