People v. Goff
| Decision Date | 25 November 1974 |
| Docket Number | No. 26051,26051 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernest Leroy GOFF, Defendant-Appellant. |
| Court | Colorado Supreme Court |
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.
John L. Springer, Aurora, for defendant-appellant.
The defendant Goff was convicted by a jury of assault against a peace officer with a deadly weapon (1967 Perm.Supp., C.R.S.1963 40--7--54) and conspiracy to commit the same offense (C.R.S.1963, 40--7--35). On appeal, he asserts that the trial court committed error in denying his motion for a judgment of acquittal. Alternatively, he claims that reversible error occurred when the prosecutor cross-examined him about his conviction by a jury of he crime of robbery. At the time the defendant was tried, a motion for a new trial was pending in the robbery case, and the conviction was not final. Under the circumstances of this case, we find no reversible error and affirm.
The defendant has a long criminal record, which includes a previous jail break. The events which led to the charges in this case were tied to the defendant's participation with two other prisoners in a forcible escape from the Adams County jail. A co-defendant, Stanley Parker, handed a note to a prison guard and brandished a knife to gain control of the guard. The note cryptically ordered the guard to take the three prisoners to another part of the jail and advised the guard that all three prisoners had knives. The note said, in part, 'one false move and you're dead.' The guard complied with the prisoners' demands, and an escape was accomplished.
As we said in People v. Bennett, Colo., 515 P.2d 466 (1973):
'The issue before the trial judge is whether the relevant evidence, both direct and circumstantial, when viewed as a whole and in the light most favorable to the prosecution, is substantial and sufficient to support a conclusion by a reasonable mind that the defendant is guilty of the charge beyond a reasonable doubt.'
Viewing the record in the light most favorable to the prosecution, there was substantial evidence, and the issue of guilt was properly presented to the jury for determination.
An assault is 'an unlawful attempt coupled with a present ability to commit a violent injury on the person of another.' C.R.S.1963, 40--2--33. Goff contends that the conditional threat of death does not suffice and asserts that no attempt was made to commit a battery on the guard. We could not sustain the defendant's contention without overruling Johnson v. People, 174 Colo. 413, 484 P.2d 110 (1971), which we do not elect to do. In Johnson, we declared:
The evidence before us establishes that Goff participated with Parker in the jail break and that Parker had the apparent present ability to carry out the threat of death which he imposed upon the guard. The jury was properly instructed, and we will not disturb their verdict.
Overzealous prosecution continues to be a serious problem. In this case, Goff took the stand and acknowledged on direct examination that he had committed a series of felonies. On cross-examination, the prosecutor inquired about the defendant's recent conviction of robbery, which was, in fact, the basis for his confinement in the Adams County jail. The defendant acknowledged his conviction over his counsel's objection. A jury had convicted Goff of the crime of robbery, but a motion for a new trial was still pending. Goff contends that until the motion for a new trial was disposed of, the judgment was not final and could not be used for the purpose of impeachment. C.R.S.1963, 154--1--1. We agree, but find the error in this case to be harmless.
The same issue was reached in City of Boston v. Santosuosso, 307 Mass. 302, 30 N.E.2d 278 (1940), when a conviction which was not final was offered for the purpose of impeachment. In Santosuosso, supra, the Supreme Judicial...
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People v. Thomas, 92SA495
...circumstances surrounding both criminal proceedings, we conclude that the record does not support such conclusion. In People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974), and People v. Johnson, 192 Colo. 483, 560 P.2d 465 (1977), we held that a conviction could be used to impeach credibility ......
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People v. O'Shaughnessy
...preparation; it need not constitute the last proximate act necessary to completion of the substantive crime. See People v. Goff, 187 Colo. 57, 58, 530 P.2d 512, 513 (1974). The abandonment defense may therefore apply at various stages, both early and late, in the commission of an attempted ......
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People v. Vollentine
...here reached. See People v. Widhalm, Colo., 642 P.2d 498 (1982); People v. Jacquez, 196 Colo. 569, 588 P.2d 871 (1979); People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974). The resolution of this issue is of particular significance here, since the defendant's revocation proceedings had been c......
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People v. McNeely
...jury is instructed to disregard tendered evidence, the reviewing court must presume that it followed the instructions. People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974). Here, the trial court issued a curative instruction, stating, "[T]hat felony conviction does not exist. So you are to dis......
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ARTICLE 3
...will suffice to establish assault against a jail guard even though no attempt was made to commit a battery on the guard. People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974). Wounds resulting in disfigurement of leg. Pictures of wounds as exhibited to the jury justified the reasonable inferenc......
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ARTICLE 90 WITNESSES
...166 Colo. 152, 442 P.2d 402 (1968). This section permits use of only final convictions, for purpose of impeachment. People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974). Policy behind requirement that judgment of conviction be final before it is utilized for impeachment purposes is to guarante......
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ARTICLE 3 OFFENSES AGAINST THE PERSON
...will suffice to establish assault against a jail guard even though no attempt was made to commit a battery on the guard. People v. Goff, 187 Colo. 57, 530 P.2d 512 (1974). Wounds resulting in disfigurement of leg. Pictures of wounds as exhibited to the jury justified the reasonable inferenc......