Huerta v. People
| Decision Date | 24 February 1969 |
| Docket Number | No. 22164,22164 |
| Citation | 168 Colo. 276,450 P.2d 648 |
| Parties | Gregory A. HUERTA, Plaintiff in Error, v. The PEOPLE of the State of Colorado. Defendant in Error. |
| Court | Colorado Supreme Court |
Cisneros & Huckeby, Richard M. Huckeby, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Paul D. Rubner, Asst. Atty. Gen., Denver, for defendant in error.
Plaintiff in error herein referred to as 'defendant' was convicted of indecent liberties (C.R.S. 1963, 40--2--32) and unnatural carnal copulation (C.R.S. 1963, 40--2--31). His application for probation was denied and he was sentenced to concurrent terms of not less than three nor more than five years in the State Penitentiary. Defendant elected not to commence serving his sentence and has been on bail pending the outcome of this appeal.
Defendant urged several grounds for reversal. We will consider only one of defendant's specifications, that the court erred in admitting evidence of other offenses.
The information orginally charged defendant with one count of indecent liberties upon a boy, Orman Lee White. Subsequent to the arraignment, at which defendant pleaded not guilty, the district attorney filed ten additional counts, two of which related to the above named boy and two of which charged defendant with unnatural carnal copulation and solicitation of unnatural carnal copulation with each of four other boys. Pleas of not guilty were entered as to all counts. Defendant filed a Motion for Relief from Prejudicial Joinder on the ground that the several counts as amended were based upon separate and distinct transactions and should be severed for trial purposes. This motion was denied.
At the conclusion of the People's opening statement, defendant then moved for dismissal of the added counts 4 through 11 relating to the four other boys, inasmuch as it appeared from the district attorney's opening statement that no proof would be offered concerning these offenses. The court then dismissed counts 4 through 11.
During the course of the trial the court permitted evidence of similar offenses committed upon the White boy. Moreover, the court permitted the district attorney, over strenuous objection of the defendant, to introduce evidence of the similar offenses with three other boys. The court initially instructed the jury orally as to the limited purpose of such evidence as follows:
'Ladies and gentlemen of the jury, you are instructed that evidence as to similar acts or offenses not too remote in time to be evidentiary is admissible for the limited purpose for which it is received and for which you may consider it, namely, to show scheme, plan, design, motive, knowledge or identity, or any material combination of them.'
At the conclusion of the evidence the court again instructed the jury as to the limited purpose of this evidence.
We hold that the admission of such evidence was prejudicial error and contrary to the law of this state as enunciated in Dockerty v. People, 74 Colo. 113, 219 P. 220. In Dockerty defendant was convicted of assaulting and taking indecent liberties with his fifteen-year-old daughter and evidence was admitted concerning sexual acts committed by defendant upon another daughter. This was held to be prejudicial error, the court stating as follows:
'The admission of this evidence is defended on the ground that it comes within the exception to the general rule excluding evidence of other offenses, which allows evidence of such offenses to show design, motive, or intent; and that when admitted, and later by an instruction, the jury were told that it was to be considered only for the purpose above stated. The exception is well established, and it is true, as the state contends, that the exception is broadened in cases of sexual offenses. But nowhere does it appear that the conduct of a defendant with a person other than the one...
To continue reading
Request your trial
-
Callis v. People
...him. E.g., Lucero v. People, 200 Colo. 335, 615 P.2d 660 (1980); People v. Honey, 198 Colo. 64, 596 P.2d 751 (1979); Huerta v. People, 168 Colo. 276, 450 P.2d 648 (1969); Clews v. People, 151 Colo. 219, 377 P.2d 125 (1962); Stull v. People, 140 Colo. 278, 344 P.2d 455 (1959); see also CRE 4......
-
People v. Lucero
...Stull v. People, 140 Colo. 278, 284, 344 P.2d 455, 458 (1959); accord, People v. Honey, Colo., 596 P.2d 751 (1979); Huerta v. People, 168 Colo. 276, 450 P.2d 648 (1969); Naranjo v. People, 161 Colo. 76, 419 P.2d 953 (1966); Kostal v. People, 144 Colo. 505, 357 P.2d 70 (1960); Abbott v. Peop......
-
People v. Garner, 89SC507
...E.g., People v. Lucero, 200 Colo. 335, 615 P.2d 660 (1980); People v. Honey, 198 Colo. 64, 596 P.2d 751 (1979); Huerta v. People, 168 Colo. 276, 450 P.2d 648 (1969); Stull v. People, 140 Colo. 278, 344 P.2d 455 (1959); Dockerty v. People, 74 Colo. 113, 219 P. 220 (1923). The rationale for t......
-
Pigford v. People
...in a prosecution for a sexual offense. Under the common law rule, we have held such evidence to be inadmissible. Huerta v. People, 168 Colo. 276, 450 P.2d 648 (1969); Dockerty v. People, 74 Colo. 113, 219 P. 220 However, in 1975 the legislature enacted section 16-10-301, C.R.S. 1973, which ......