Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
5 Colorado opinions name it 1 courts 2006–2025 1 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. Trujillogreen2 sentences2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). 2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). | 2 | 2 |
People v. Wartenagreen2 sentences2025The “consent” element in his proposed lesser nonincluded jury instruction does not refer to the victim’s consent to sexual conduct but to the victim’s consent to her intimate parts being photographed. § 18-7-801; see also People v. Wartena, 2012 COA 12, ¶ 36 (“A lesser nonincluded offense instruction is tantamount to a defendant’s theory of the case instruction” and “is in the nature of a strategy” (quoting People v. Skinner, 825 P.2d 1045, 1047-48 (Colo. App. 1991). ¶ 68 We conclude that the trial court did not abuse its discretion by refusing to instruct the jury on the lesser-included offen 2013People v. Wartena, 2012 COA 12 , ¶ 36, 296 P.3d 136 . | 1 | 2 |
People v. Skinnergreen2 sentences2025The “consent” element in his proposed lesser nonincluded jury instruction does not refer to the victim’s consent to sexual conduct but to the victim’s consent to her intimate parts being photographed. § 18-7-801; see also People v. Wartena, 2012 COA 12, ¶ 36 (“A lesser nonincluded offense instruction is tantamount to a defendant’s theory of the case instruction” and “is in the nature of a strategy” (quoting People v. Skinner, 825 P.2d 1045, 1047-48 (Colo. App. 1991). ¶ 68 We conclude that the trial court did not abuse its discretion by refusing to instruct the jury on the lesser-included offen 2006"Normally, by asking for a lesser nonincluded 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. Garciagreen2 sentences2013People v. Rubio, 222 P.3d 355 , 361 (Colo.App.2009) ; see also People v. Trujillo, 83 P.3d 642 , 645 (Colo.2004) ; Garcia, 940 P.2d at 361 . ¶ 91 The offense of false reporting occurs when "[a person] makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur." § 18-8-111(1)(b). 2006A defendant's request for a lesser nonincluded 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 | 2 |
People v. Jimenezgreen1 sentence2019People v. Jimenez, 217 P.3d 841, 870 (Colo. App. 2008). | 1 | 1 |
People v. Ibarragreen2 sentences2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). 2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). | 1 | 1 |
People v. Nozolinogreen1 sentence2018But whether “the record contains sufficient evidence to support instruction on a lesser offense is a factual inquiry reviewed for an abuse of discretion.” Id. at ¶ 30; People v. Nozolino, 2014 COA 95, ¶ 43 (“Because the district court denied [the] instruction on a factual basis, we review for an abuse of discretion.”); cf. People v. Montante, 2015 COA 40, ¶ 32 (“We review de novo the trial court’s refusal to give the lesser nonincluded offense instruction because the court’s determination that the medical marijuana registry fraud statute is inapplicable to defendant’s conduct is a question of | 1 | 1 |
People v. Montantegreen1 sentence2018But whether “the record contains sufficient evidence to support instruction on a lesser offense is a factual inquiry reviewed for an abuse of discretion.” Id. at ¶ 30; People v. Nozolino, 2014 COA 95, ¶ 43 (“Because the district court denied [the] instruction on a factual basis, we review for an abuse of discretion.”); cf. People v. Montante, 2015 COA 40, ¶ 32 (“We review de novo the trial court’s refusal to give the lesser nonincluded offense instruction because the court’s determination that the medical marijuana registry fraud statute is inapplicable to defendant’s conduct is a question of | 1 | 1 |
People v. Riveragreen2 sentences2006A defendant's request for a lesser nonincluded 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 nonincluded 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. Bartowsheski
green
2 sentences2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). 2018A court abuses its discretion when its decision is 19 “manifestly arbitrary, unreasonable, or unfair.” People v. Ibarra, 849 P.2d 33, 38 (Colo. 1993). ¶ 45 A defendant is entitled to a lesser nonincluded offense instruction as part of his defense theory if the evidence provides a rational basis to support a “verdict acquitting [the defendant] of a greater offense . . . and convicting [the defendant] of the lesser offense.” People v. Trujillo, 83 P.3d 642, 645 (Colo. 2004) (quoting Bartowsheski, 661 P.2d at 242 ). | 1 | 2018–2018 |
People v. Rubio
green
1 sentence2013People v. Rubio, 222 P.3d 355 , 361 (Colo.App.2009) ; see also People v. Trujillo, 83 P.3d 642 , 645 (Colo.2004) ; Garcia, 940 P.2d at 361 . ¶ 91 The offense of false reporting occurs when "[a person] makes a report or knowingly causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern when he knows that it did not occur." § 18-8-111(1)(b). | 1 | 2013–2013 |
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 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.