People v. Garcia

Defendant Lawrence C. Garcia was charged and convicted by a jury of second-degree murder 1 and crime of violence 2 for the stabbing death of L.C. The trial court imposed a sentence of twenty-four years and one day. The court of appeals reversed Garcia’s conviction and remanded for a new trial for the failure of the trial court to instruct the jury on “heat of passion” manslaughter. 3 People v. Garcia, 809 P.2d 1038 (Colo.App.1990). The trial court was also given instructions by the court of appeals on conducting the new trial regarding: (1) hearsay evidence under the excited utterance…