People v. Dominguez

The defendant, Rosemary Dominguez, appeals from a conviction for first-degree assault, section 18-3-202, C.R.S. 1973. We vacate that judgment and remand to the district court for resentencing on second-degree assault.

I

The defendant contends that the evidence was insufficient to sustain conviction. That evidence indicates that the defendant and the victim were engaged in a fight in a LaJunta nightclub. After other patrons stopped the fight, the victim retreated to a restroom to clean up. She then left the restroom, was attacked again by the defendant, and the fight resumed. The manager of the…