People v. Walker

The defendant appeals on several grounds his conviction by a jury on two counts of first-degree assault and his sentences thereon. Count I alleged the assault of a police officer, David Alengi, in the performance of his duties, 1971 Perm.Supp., C.R.S. 1963, 40-3-202(1)(e), and Count II alleged assault of Standard Peter Chappelle with a deadly weapon, 1971 Perm.Supp., C.R.S. 1963, 40-3-202(1)(a). He claims that his conviction on Count II should be reversed because of errors in jury instructions on the issue of self-defense. The defendant also contends that the trial courts denial of his motion for severence of the counts and certain prosecutorial conduct in the closing argument denied him a fair trial and were reversible error. Additionally, he seeks appellate review of his concurrent sentences of 12 - 20 years which were allegedly unconstitutionally imposed. 1971 Perm.Supp., C.R.S. 1963, 40-1-509, C.A.R. 4(c).