People v. Montez, No. 28145

Docket NºNo. 28145
Citation197 Colo. 126, 589 P.2d 1368
Case DateFebruary 05, 1979
CourtSupreme Court of Colorado

Page 1368

589 P.2d 1368
197 Colo. 126
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Edward J. MONTEZ, Defendant-Appellant.
No. 28145.
Supreme Court of Colorado, En Banc.
Feb. 5, 1979.
Rehearing Denied Feb. 26, 1979.

[197 Colo. 127] J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Linda Palmieri Rigsby, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Nicholas R. Massaro, Jr., Deputy State Public Defender, Denver, for defendant-appellant.

KELLEY, Justice.

Appellant Edward J. Montez appeals his conviction for aggravated robbery, second-degree kidnapping and conspiracy. We affirm.

The charges arose out of an incident which occurred in September 1976. Montez

Page 1369

and another man forced Richard Bolger to drive them from one place to another at gunpoint and took money from his wallet.

Prior to trial, Montez moved to suppress the use of evidence of his previous felony convictions so that he might exercise his right to testify in his own behalf if he elected. The motion was denied. At the close of the prosecution's case, a motion was made to prohibit the prosecution from disclosing the fact that the prior conviction had been for robbery. This was denied. Montez elected not to testify.

At the close of the evidence, Montez tendered a jury instruction on intoxication, which was refused for lack of sufficient evidence to submit the issue to the jury. He was found guilty by the jury on all counts.

I.

"All persons . . . may be witnesses. . . . In every case the credibility of the witness may be drawn in question, as now provided by law, but the conviction of any person for any felony may be shown for the purpose of affecting the credibility of such witness. . . ." Section 13-90-101, C.R.S.1973.

Montez alleges that the Colorado Competency Statute, section 13-90-101, C.R.S.1973, unconstitutionally infringes on his right to due process. He asserts that the jury, despite limiting instructions, considers a prior conviction as evidence of propensity to commit crimes. He asserts that his fear that such an inference would have been drawn by the jury prevented his exercising his constitutional right to testify in his own behalf.

[197 Colo. 128] We recognize that the possibility of impeachment by prior conviction may present a defendant with a difficult strategic decision on whether to...

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14 practice notes
  • State v. Harrell
    • United States
    • Supreme Court of Connecticut
    • March 25, 1986
    ...648, 652, 17 L.Ed.2d 606 (1967); Brown v. United States, 356 U.S. 148, 155, 78 S.Ct. 622, 626, 2 L.Ed.2d 589 (1958); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); State v. Kelley, 120 N.H. 14, 413 A.2d 300, 303 (1980). In McGautha, [199 Conn. 264] the United States Supreme Court sa......
  • People v. Curtis, Nos. 82SC414
    • United States
    • Colorado Supreme Court of Colorado
    • April 23, 1984
    ...at 38; People v. Chavez, 621 P.2d 1362 (Colo.), cert. denied, 451 U.S. 1028, 101 S.Ct. 3019, 69 L.Ed.2d 398 (1981); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); People v. Henry, 195 Colo. 309, 578 P.2d 1041, appeal dismissed, 439 U.S. 961, 99 S.Ct. 445, 58 L.Ed.2d 419 (1978). Our ......
  • People v. Meyers, No. 80SA75
    • United States
    • Colorado Supreme Court of Colorado
    • October 6, 1980
    ...(1979); People v. Thompson, 197 Colo. 299, 592 P.2d 803 (1979); People v. Taylor, 197 Colo. 161, 591 P.2d 1017 (1979); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); People v. McKenna, 196 Colo. 367, 585 P.2d 275 (1978); People v. Henry, 195 Colo. 309, 578 P.2d 1041 (1978); Velarde ......
  • State v. Minnieweather
    • United States
    • Court of Appeals of Oregon
    • October 25, 1989
    ...United States v. Belt, 514 F.2d 837, 846-50 (D.C.Cir.1975); Zilka v. Beto, 334 F.Supp. 560, 562-63 (N.D.Tex.1971); People v. Montez, 197 Colo. 126, 127-28, 589 P.2d 1368 (1979); People v. McKenna, 196 Colo. 367, 374-75, 585 P.2d 275 (1978); State v. Ruzicka, 89 Wash.2d 217, 225-30, 570 P.2d......
  • Request a trial to view additional results
14 cases
  • State v. Harrell
    • United States
    • Supreme Court of Connecticut
    • March 25, 1986
    ...648, 652, 17 L.Ed.2d 606 (1967); Brown v. United States, 356 U.S. 148, 155, 78 S.Ct. 622, 626, 2 L.Ed.2d 589 (1958); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); State v. Kelley, 120 N.H. 14, 413 A.2d 300, 303 (1980). In McGautha, [199 Conn. 264] the United States Supreme Court sa......
  • People v. Curtis, Nos. 82SC414
    • United States
    • Colorado Supreme Court of Colorado
    • April 23, 1984
    ...at 38; People v. Chavez, 621 P.2d 1362 (Colo.), cert. denied, 451 U.S. 1028, 101 S.Ct. 3019, 69 L.Ed.2d 398 (1981); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); People v. Henry, 195 Colo. 309, 578 P.2d 1041, appeal dismissed, 439 U.S. 961, 99 S.Ct. 445, 58 L.Ed.2d 419 (1978). Our ......
  • People v. Meyers, No. 80SA75
    • United States
    • Colorado Supreme Court of Colorado
    • October 6, 1980
    ...(1979); People v. Thompson, 197 Colo. 299, 592 P.2d 803 (1979); People v. Taylor, 197 Colo. 161, 591 P.2d 1017 (1979); People v. Montez, 197 Colo. 126, 589 P.2d 1368 (1979); People v. McKenna, 196 Colo. 367, 585 P.2d 275 (1978); People v. Henry, 195 Colo. 309, 578 P.2d 1041 (1978); Velarde ......
  • State v. Minnieweather
    • United States
    • Court of Appeals of Oregon
    • October 25, 1989
    ...United States v. Belt, 514 F.2d 837, 846-50 (D.C.Cir.1975); Zilka v. Beto, 334 F.Supp. 560, 562-63 (N.D.Tex.1971); People v. Montez, 197 Colo. 126, 127-28, 589 P.2d 1368 (1979); People v. McKenna, 196 Colo. 367, 374-75, 585 P.2d 275 (1978); State v. Ruzicka, 89 Wash.2d 217, 225-30, 570 P.2d......
  • Request a trial to view additional results

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