People v. Montoya

Defendant, Johnnie Gary Montoya, appeals the judgment of conviction entered on a jury verdict finding him guilty of second degree assault on a firefighter. The primary issue in this appeal is whether a person employed by a fire department, but acting solely as a paramedic, is a "firefighter" for purposes of § 18-3-203(1)(c), C.R.8.2003, the statute under which defendant was convicted. Because we conclude such a person is included within the term "firefighter," we affirm.

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In 2001, officers arrested defendant for violating a restraining order. Defendant experienced pain when handcuffed because…