PEOPLE v. THROWER

No. 81CA1078.

670 P.2d 1251 (1983)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Robert McKinley THROWER, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 17, 1983.

Certiorari Denied September 12, 1983.


Attorney(s) appearing for the Case

R. Dale Tooley, Dist. Atty., Brooke Wunnicke, Deputy Dist. Atty., for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Jody Sorenson Theis, Deputy State Public Defender, for defendant-appellant.


BERMAN, Judge.

Defendant here appeals his conviction of first degree murder. We affirm the judgment of conviction, but remand for correction of the mittimus and resentencing.

According to the record, a man entered a market on August 8, 1980, carrying a brown grocery bag. He purchased two ice cream sandwiches. As the man reached into his pocket for money, the bag shifted and the store owner was able to see the butt of a gun within the bag.

The owner...

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