People v. McGrath

Opinion by

Judge DUBOFSKY.

Defendant, Thomas P. McGrath, appeals the judgment of conviction entered on jury verdicts finding him guilty of first degree felony murder, aggravated robbery, and first degree aggravated motor vehicle theft. We affirm in part, reverse in part, and remand for a new trial.

One morning, as two cars drove slowly next to each other on a Denver street, shots were fired from one of the cars. Defendant and his co-defendant, Eric Davis, were the sole occupants in that vehicle, which they had stolen earlier. The shots killed the driver of the other car, which then stopped. One…