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PEOPLE v. SMITH

No. 86SA274.

754 P.2d 1168 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, Cross-Appellant, v. Geoffrey Christopher SMITH, Defendant-Appellant, Cross-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied June 6, 1988.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia A. Savage, Curt Kriksciun, Asst. Attys. Gen., Denver, for plaintiff-appellee, cross-appellant.

Richard Y. Neiley, Jr., P.C., Richard Y. Neiley, Jr., Aspen, for defendant-appellant, cross-appellee.

ROVIRA, Justice.

Defendant Geoffrey Christopher Smith was convicted of criminal mischief, § 18-4-501, 8B C.R.S. (1986). The trial court sentenced him to a term of imprisonment and a fine, suspended that sentence, then placed him on probation. Smith contends that the trial court erred in refusing to give the self-defense instruction he tendered, and the People claim that the trial court erred in declining to order that Smith pay restitution.1...

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