People v. Buckner, No. 24886

Docket NºNo. 24886
Citation504 P.2d 669, 180 Colo. 65
Case DateOctober 30, 1972
CourtSupreme Court of Colorado

Page 669

504 P.2d 669
180 Colo. 65
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
David BUCKNER, aka Tobacco Buckner, et al., Defendants-Appellants.
No. 24886.
Supreme Court of Colorado, En Banc.
Oct. 30, 1972.

[180 Colo. 67]

Page 670

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Patricia W. Robb, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colo. State Public Defender, J. D. MacFarlane, Chief Deputy

Page 671

Public Defender, Thomas M. Van Cleave, III, Deputy Public Defender, Kenneth J. Russell, Deputy State Public Defender, Denver, for defendants-appellants.

PRINGLE, Chief Justice.

[180 Colo. 68] Defendants below, David Buckner, Anthony Peace, and Richard Dale Swanson, appeal from their conviction for second degree arson and conspiracy to commit the same, in violation of C.R.S.1963, 40--3--2 and C.R.S.1963, 40--7--35. They will hereinafter be referred to as appellants.

With regard to the substantive offense, the People originally charged all appellants with willfully setting fire to a building. One week before trial, the People were granted leave to amend the information by adding to the charge the allegation that the appellants had '. . . aided, counseled, and procured the burning. . . .'

Appellants here contend that several errors compel reversal of their convictions: (1) the trial court erroneously refused to grant appellants' motions for continuance after granting the People leave to amend the information and to endorse five additional witnesses; (2) the trial court failed to rearraign the appellants and allow them to plead to the amended information; (3) the trial court erroneously sustained the district attorney's objection to defense counsel's question upon voir dire to a prospective juror; (4) the trial court erroneously overruled appellants' challenge of another prospective juror for cause; (5) the first paragraph of Jury Instruction 7 inaccurately described the crime of conspiracy; and (6) Instruction 7, in combination with Instructions 1 and 8, violated appellants' rights not to be placed twice in jeopardy for the same offense. We do not regard these arguments as meritorious and affirm the judgment of the district court.

I.

The appellants contend that the trial court's denial of their continuance motions denied them a fair trial in violation of Colo.Const. art. II, § 16 and U.S.Const. Amend. VI and XIV.

Clearly, the propriety of continuance motions is within the sound discretion of the trial court and will not be disturbed on appeal unless that discretion is abused. Lofton v. People, 168 Colo. 131, 450 P.2d 638; Claxton v. People, 164 Colo. 283, 290, 434 P.2d 407. The record reveals no abuse of discretion here, certainly none of constitutional [180 Colo. 69] proportions.

The record reveals that, in fact, counsel knew of the proposed amendment some two weeks before trial. As a matter of fact, the trial was reset so as to grant an additional week's continuance after the court had permitted...

To continue reading

Request your trial
24 practice notes
  • People v. Taggart, No. 80SA32
    • United States
    • Colorado Supreme Court of Colorado
    • January 5, 1981
    ...statement is not otherwise impugned by the record. Fleagle v. People, 87 Colo. 532, 289 P. 1078 (1930); see also People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972). III. Evidential Rulings A. Prior Acts of Child Abuse Defendant argues that evidence of prior acts of child abuse was imprope......
  • Medina v. People, No. 04SC167
    • United States
    • Colorado Supreme Court of Colorado
    • June 27, 2005
    ...Carrillo v. People, 974 P.2d 478, 487 (Colo. 1999); People v. McCrary, 190 Colo. 538, 547, 549 P.2d 1320, 1328 (1976); People v. Buckner, 180 Colo. 65, 70, 504 P.2d 669, 672 (1972). "[A] prospective juror's indication of a preconceived belief as to some facet of the case does not warrant ex......
  • People v. Collins, Nos. 84SA240
    • United States
    • Colorado Supreme Court of Colorado
    • December 8, 1986
    ...of the trial court, and its ruling thereon will not be disturbed on appeal unless an abuse of that discretion is shown. People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972); People v. Saiz, 660 P.2d 2 During the voir dire, the defense counsel asked one potential juror: Did you think sir, th......
  • People v. Lucero, No. 80SA145
    • United States
    • Colorado Supreme Court of Colorado
    • August 11, 1980
    ...(1976); People v. Saavedra, 184 Colo. 90, 518 P.2d 283 (1974); People v. Peery, 180 Colo. 161, 503 P.2d 350 (1972); People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972); Leyba v. People, 174 Colo. 1, 481 P.2d 417 (1971); Johnson v. People, 172 Colo. 72, 470 P.2d 37 (1970). A defendant who h......
  • Request a trial to view additional results
24 cases
  • People v. Taggart, No. 80SA32
    • United States
    • Colorado Supreme Court of Colorado
    • January 5, 1981
    ...statement is not otherwise impugned by the record. Fleagle v. People, 87 Colo. 532, 289 P. 1078 (1930); see also People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972). III. Evidential Rulings A. Prior Acts of Child Abuse Defendant argues that evidence of prior acts of child abuse was imprope......
  • Medina v. People, No. 04SC167
    • United States
    • Colorado Supreme Court of Colorado
    • June 27, 2005
    ...Carrillo v. People, 974 P.2d 478, 487 (Colo. 1999); People v. McCrary, 190 Colo. 538, 547, 549 P.2d 1320, 1328 (1976); People v. Buckner, 180 Colo. 65, 70, 504 P.2d 669, 672 (1972). "[A] prospective juror's indication of a preconceived belief as to some facet of the case does not warrant ex......
  • People v. Collins, Nos. 84SA240
    • United States
    • Colorado Supreme Court of Colorado
    • December 8, 1986
    ...of the trial court, and its ruling thereon will not be disturbed on appeal unless an abuse of that discretion is shown. People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972); People v. Saiz, 660 P.2d 2 During the voir dire, the defense counsel asked one potential juror: Did you think sir, th......
  • People v. Lucero, No. 80SA145
    • United States
    • Colorado Supreme Court of Colorado
    • August 11, 1980
    ...(1976); People v. Saavedra, 184 Colo. 90, 518 P.2d 283 (1974); People v. Peery, 180 Colo. 161, 503 P.2d 350 (1972); People v. Buckner, 180 Colo. 65, 504 P.2d 669 (1972); Leyba v. People, 174 Colo. 1, 481 P.2d 417 (1971); Johnson v. People, 172 Colo. 72, 470 P.2d 37 (1970). A defendant who h......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT