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eBook details

Title: People V. Smith
Author : Colorado Supreme Court
Release Date : January 22, 1993
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 59 KB

Description

Donald Eugene Smith (Smith) appeals the decision of the district court in People v. Smith, No. 89CR72 (June 28, 1990), wherein the jury found Smith guilty of first degree murder and the district court sentenced Smith to the mandatory minimum sentence of life imprisonment with no possibility of parole for forty years. § 18-1-105(1)(a)(IV), 8B C.R.S. (1986 & 1989 Supp.); § 16-11-103, 8A C.R.S. (1986 & 1989 Supp.). Smith appeals and contends that the district court erred by: (1) instructing the jury that the prosecution would not seek the death penalty pursuant to section 16-10-110, 8A C.R.S. (1990);*fn1 (2) refusing to admit character evidence regarding the decedent; (3) failing to readminister an oath to the jurors ultimately chosen to serve on the panel; and (4) imposing an unconstitutionally disproportionate sentence. We affirm the district court ruling.

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