Heller v. People
| Decision Date | 31 January 1986 |
| Docket Number | No. 84SC394,84SC394 |
| Citation | 712 P.2d 1023 |
| Parties | Blue Sky L. Rep. P 72,368 Richard G. HELLER, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. |
| Court | Colorado Supreme Court |
Certiorari to the Colorado Court of Appeals.
Judgment Reversed and Cause Remanded with Directions.
Daniel J. Sears, P.C., Daniel J. Sears, Denver, for petitioner.
Norman S. Early, Jr., Dist. Atty., Brooke Wunnicke, Chief Appellate Deputy Dist. Atty., Valerie Morgan-Alston, Deputy Dist. Atty., Denver, for respondent.
We granted certiorari to consider the decision of the court of appeals in Heller v. People, 698 P.2d 1357 (Colo.App.1984), which affirmed the conviction of the defendant, Richard G. Heller, on four counts of securities fraud. One of the issues on which we granted certiorari was whether the trial court erred in instructing the jury that good faith is not a defense to the charge of fraudulent and other prohibited practices in the sale of securities.
In People v. Riley, 708 P.2d 1359 (Colo.1985), we held that such an instruction was erroneous and irreconcilable with the requisite culpability for a securities fraud violation. Our holding in Riley is controlling here and requires that the judgment of the court of appeals be reversed. With respect to the other issue on which the writ of certiorari issued, we now discharge the writ as improvidently granted.
The judgment is accordingly reversed, and this case is returned to the court of appeals with directions to remand the case to the district court for a new trial.
To continue reading
Request your trial
-
People v. Bergen
...See People v. District Court, 619 P.2d 774 (Colo.1980); People v. Heller, 698 P.2d 1357 (Colo.App.1984), rev'd on other grounds, 712 P.2d 1023 (Colo.1986). We further note that a trial court may determine motions testing the validity of an indictment upon grounds other than lack of probable......
-
People v. Samuels
...to a total of one hour of voir dire not unreasonable where entire voir dire process consumed six hours), rev'd on other grounds, 712 P.2d 1023 (Colo.1986). E. Prosecutor's Repeated References to Defendant's Defendant contends that the prosecutor's repeated references to his nickname, "Smoke......
-
People v. Borghesi, No. 99CA1358.
...more than one sentence for that single offense. See People v. Heller, 698 P.2d 1357 (Colo.App.1984), rev'd on other grounds, 712 P.2d 1023 (Colo.1986). Despite a superficial similarity, People v. Benton, 829 P.2d 451 (Colo.App.1991), is not dispositive of the issue presented here. In Benton......
-
People v. Garcia
...a ruling within the sound discretion of the trial court. People v. Heller, 698 P.2d 1357 (Colo.App.1984), rev'd on other grounds, 712 P.2d 1023 (Colo.1986). The defendant presented a similar argument in Heller when the trial court refused to hold an evidentiary hearing to inquire into jury ......