6 Colorado opinions name it 1 courts 2001–2015 0 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Riveragreen2 sentences2006A defendant's request for a lesser nonineluded offense instruction "is tantamount to a defendant's consent to an added count being charged against him." People v. Rivera, 186 Colo. 24, 28-29 , 525 P.2d 431, 434 (1974); accord People v. Garcia, 940 P.2d 357, 361 (Colo.1997). 2006A defendant's request for a lesser nonineluded offense instruction "is tantamount to a defendant's consent to an added count being charged against him." People v. Rivera, 186 Colo. 24, 28-29 , 525 P.2d 431, 434 (1974); accord People v. Garcia, 940 P.2d 357, 361 (Colo.1997). | 2 | 2 |
People v. Rubiogreen2 sentences2015See People v. Wartena, 2012 COA 12, ¶¶ 30, 34 , 296 P.3d 136 ; People v. Rubio, 222 P.3d 355, 360 (Colo.App.2009). {83 For the reasons discussed above, we disagree with the trial court that the medical marijuana registry fraud statute does not criminalize any conduct by physicians. 2012Rubio, 222 P.3d at 361 . 1 51 We recognize that the jury in Tryjillo was instructed on lesser nonincluded offenses, as opposed to the lesser included offense instructions given here. | 1 | 2 |
People v. Trujillogreen2 sentences2015People v. Trujillo, 83 P.3d 642, 645 (Colo.2004). 4 35 The People argue that defendant was not entitled to a lesser nonineluded offense instruction on medical marijuana registry fraud because the Physician Certification was never submitted to the Department and seetion 18-18-406.8(2)(a) prohibits completed crimes, not attempts. 2015People v. Trujillo, 83 P.3d 642, 645 (Colo.2004). 4 35 The People argue that defendant was not entitled to a lesser nonineluded offense instruction on medical marijuana registry fraud because the Physician Certification was never submitted to the Department and seetion 18-18-406.8(2)(a) prohibits completed crimes, not attempts. | 1 | 2 |
People v. Skinnergreen2 sentences2006"Normally, by asking for a lesser nonineluded offense instruction, the defendant will deny the original charge, but admit committing a lesser offense which carries a less severe penalty." Skinner, supra, 825 P.2d at 1047 . 2006"Normally, by asking for a lesser nonineluded offense instruction, the defendant will deny the original charge, but admit committing a lesser offense which carries a less severe penalty." Skinner, supra, 825 P.2d at 1047 . | 1 | 2 |
People v. Wartenagreen2 sentences2015See People v. Wartena, 2012 COA 12, ¶¶ 30, 34 , 296 P.3d 136 ; People v. Rubio, 222 P.3d 355, 360 (Colo.App.2009). {83 For the reasons discussed above, we disagree with the trial court that the medical marijuana registry fraud statute does not criminalize any conduct by physicians. 2015See People v. Wartena, 2012 COA 12, ¶¶ 30, 34 , 296 P.3d 136 ; People v. Rubio, 222 P.3d 355, 360 (Colo.App.2009). {83 For the reasons discussed above, we disagree with the trial court that the medical marijuana registry fraud statute does not criminalize any conduct by physicians. | 1 | 1 |
People v. Bustosgreen1 sentence2012See id.; see also People v. Bustos, 725 P.2d 1174, 1175-76 (Colo.App.1986) (the defendant was not entitled to a lesser nonineluded offense instruction that was inconsistent with his theory of defense that he did not know the substance in his possession was cocaine). | 1 | 1 |
People v. Lowrygreen1 sentence2008A lesser nonineluded offense instruction is "tantamount to a defendant's theory of the case instruction." People v. Lowry, 160 P.3d 396, 399 (Colo.App.2007). | 1 | 1 |
People v. Bartowsheskigreen1 sentence2008A defendant has the right to a lesser noninelud-ed offense instruction if the record provides a rational basis to support a "verdict acquitting *1234 {the defendant] of a greater offense ... and convicting [the defendant] of the lesser offense." Trujillo, 83 P.3d at 645 (quoting People v. Bartowsheski, 661 P.2d 235, 242 (Colo.1983)). | 1 | 1 |
People v. Garciagreen2 sentences2006A defendant's request for a lesser nonineluded offense instruction "is tantamount to a defendant's consent to an added count being charged against him." People v. Rivera, 186 Colo. 24, 28-29 , 525 P.2d 431, 434 (1974); accord People v. Garcia, 940 P.2d 357, 361 (Colo.1997). 2006A defendant's request for a lesser nonineluded offense instruction "is tantamount to a defendant's consent to an added count being charged against him." People v. Rivera, 186 Colo. 24, 28-29 , 525 P.2d 431, 434 (1974); accord People v. Garcia, 940 P.2d 357, 361 (Colo.1997). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Isham
green
1 sentence2006In People v. Isham, 923 P.2d 190 (Colo.App.1995), the division held that the trial court's erroneous disqualification of the defendant's counsel did not require that a later guilty plea be vacated as involuntary because the defendant had acquiesced in representation by replacement counsel. | 1 | 2006–2006 |
People v. Garcia
green
1 sentence2001People v. Garcia, 17 P.3d 820 (Colo.App.2000). | 1 | 2001–2001 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.