Legal Opinion

People v. Martinez

Colorado Court of Appeals

Decided April 9, 2015No. Court of Appeals No. 12CA1093PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

JUDGE GRAHAM

[ 1 Defendant, Mario Joseph Martinez, appeals his convictions for attempted first degree criminal trespass and other offenses, as well as the district court's restitution order. We affirm his convictions, but vacate the restitution order in part and remand with directions.

I. Background

€ 2 The victim awoke one morning at about 8:00 a.m. to a noise outside her second-floor bedroom,. She walked to the adjoining bathroom and saw a man standing on her roof, trying to enter the bathroom window. She tried to scream, but was so startled she barely made a sound. Seeing the…

2Cases cited19 opinions

  1. Blakely v. WashingtonSupreme Court of the United States · 2004
  2. Manson v. BrathwaiteSupreme Court of the United States · 1977
  3. Hagos v. PeopleSupreme Court of Colorado · 2012
  4. Bernal v. PeopleSupreme Court of Colorado · 2002
  5. People v. SmithSupreme Court of Colorado · 1981

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3Cited by6 opinions

  1. v. VialpandoColorado Court of Appeals · 2020
  2. People v. DouglasColorado Court of Appeals · 2016
  3. People v. DouglasColorado Court of Appeals · 2016
  4. People v. Christopher F. Poot-BacaColorado Court of Appeals · 2023
  5. People v. DouglasColorado Court of Appeals · 2016

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