(DOWNLOAD) "People v. Avitia" by Colorado Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People v. Avitia
- Author : Colorado Supreme Court
- Release Date : January 28, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Defendant and appellant Gerardo Avitia was convicted by a jury of discharging a firearm in a grossly negligent manner and possession of an assault weapon, and sentenced to two years in prison. Although no Penal Code section 186.22, subdivision (b)(1) gang enhancement was alleged, and although there was no evidence the charged crimes were related to any gang activity, the trial court admitted, over Avitias objection, evidence that gang graffiti was found in Avitias bedroom. In the published portion of the opinion, we conclude that admission of this evidence, which was unrelated to any issue at trial, requires reversal of Avitias conviction for grossly negligent discharge of a firearm. In the unpublished portion of the opinion, we conclude the trial court further erred by allowing Avitia to be impeached with evidence he had failed to abide by the conditions of his probation, and that the evidence was sufficient to support the judgment.
 "People v. Avitia" by Colorado Supreme Court " Book PDF Kindle ePub Free){kind=link}