People v. Kerber

Opinion by

Judge ROTHENBERG.

Defendant, Bryon C. Kerber, appeals the judgment of conviction entered on a jury verdict finding him guilty of criminal mischief and third degree assault. We affirm.

According to the prosecution’s evidence at trial, defendant and his friends stopped at a restaurant in Colorado Springs. After being told there would be a lengthy wait, the group went outside to the parking lot. The manager testified that they appeared to be intoxicated.

The victims drove into the parking lot and exchanged insults with defendant’s group. One member of defendant’s group chased and then…