Rowe v. People

delivered the

Opinion of the Court.

Justice VOLLACK specially concurs in the result only, and Justice LOHR and Justice KIRSHBAUM join in the special concurrence.

The court of appeals in People v. Rowe, 837 P.2d 260 (Colo.App.1992), affirmed the judgment of conviction and the sentence imposed on the petitioner, George W. Rowe, for first-degree assault committed under heat of passion. The court of appeals rejected Rowe’s assertion that the district court had committed reversible error by giving a jury instruction stating that first-degree assault committed under heat of passion was a lesser…