People v. Beltran

KIRSHBAUM, Judge.

Defendant appeals his conviction by a jury of attempted first degree murder. We affirm.

The record reveals that on April 12, 1979, defendant had an argument at a Durango, Colorado, bar with Phil Trujillo. Sometime later that same evening defendant encountered Trujillo at another bar. Trujillo and defendant walked outside the bar, defendant pulled a gun, and when Trujillo attempted to disarm defendant a scuffle en sued. Trujillo, who was shot four times during this altercation, eventually disarmed defendant and then hit him on the head with a gun.

At trial, defendant testified…