People v. District Court

specially concurring:

People v. District Court, No. 91SA329 (Colo. June 29, 1992) (Thomas case), reverses the district court’s order holding that the prosecution cannot seek the death penalty against Allen Thomas, Jr. who is charged with first-degree murder,1 a class I *204felony, allegedly committed in February 1991. The majority opinion, the special concurrences, and the dissent demonstrate a wide divergence among the members of the court in the interpretation of the death penalty statutes enacted by the General Assembly in 1986, 1988, and 1991. The prosecution contends Thomas can be tried for…