PEOPLE v. LOWE

No. 96CA1368.

967 P.2d 177 (1998)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gerald P. LOWE, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied March 26, 1998.

Certiorari Denied November 9, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Peter J. Cannici, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, C. Keith Pope, Deputy State Public Defender, Douglas D. Barnes, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge NEY.

Defendant, Gerald P. Lowe, appeals the trial court's order denying his request for a jury trial to determine his eligibility for release from the Department of Human Services to the Department of Corrections and ordering such release be effected. We reverse the order and remand for a jury trial.

In August 1992, defendant was indicted on two counts of first degree murder. He pled not guilty by reason of insanity to the second count and...

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