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BOWERS v. PEOPLE

No. 79SC240.

617 P.2d 560 (1980)

Gary Scott BOWERS, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

October 6, 1980.

Attorney(s) appearing for the Case

Carl F. Manthei, Boulder, for petitioner.

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for respondent.

LOHR, Justice.

We granted certiorari to review the decision of the court of appeals1 which affirmed the conviction of the defendant, Gary Scott Bowers, for aggravated robbery, section 18-4-302, C.R.S. 1973. We conclude that the trial court did not err in refusing to instruct the jury on the lesser included offense of robbery, section 18-4-301, C.R.S. 1973. Accordingly, we affirm the decision of the court of appeals.

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