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People v. Caldwell

9/13/2001

also demonstrated that the second shot, although fired as defendant's car was almost past the patrol car, was fired at an angle such that the bullet was traveling from the back of the car to the front, where the deputy was seated. The fact that defendant could have been more proficient in his aim or more calculating in his execution does not negate the fact that the evidence would allow a jury to properly infer that defendant acted with intent to kill. See People v. Montano, supra. Thus, we reject defendant's contention.


VII.


Defendant's final contention is that cumulative errors committed by the trial court require reversal of his conviction. We reject this contention.


When individual errors in a trial do not require reversal, but in the aggregate show the absence of a fair trial, reversal is required. Conversely, when, as here, errors do not reflect the absence of a fair trial, reversal is not required. See People v. Roy, 723 P.2d 1345 (Colo. 1986).


The judgment is affirmed.


JUDGE PLANK and JUDGE NEY concur.




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