PEOPLE v. TOOMER

No. 77-171.

604 P.2d 1180 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Philip R. TOOMER, and Dennis L. Butler, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearings Denied September 27, 1979.

Certiorari Denied January 7, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David Schwartz, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Terry L. Perlet, Colorado Springs, for defendant-appellant Butler.

William H. Kirkman, Jr., Colorado Springs, for defendant-appellant Toomer.


SMITH, Judge.

Defendants Butler and Toomer were jointly tried and were each convicted of second degree burglary, two counts of second degree assault, menacing, attempted aggravated robbery, and conspiracy to commit both aggravated robbery and second degree burglary. Both defendants appeal, and we affirm.

I. Toomer's Appeal

Toomer maintains that he was entitled to a severance and to have his case submitted to the jury at the conclusion of the People...

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