People v. Martinez

Defendant Martinez was found guilty by a jury of unlawful possession of heroin. On appeal, he argues that the trial court erred in refusing him permission to testify in surrebuttal. We disagree and therefore affirm the conviction.

The defendant, who testified in his own defense, was specifically asked on both direct and cross-examination whether he had ever used narcotics including heroin. He denied that he ever used any narcotics. He also replied in the negative when asked whether he recalled making any contrary statements to a Mr. Adkisson, his classification officer at the Colorado State…