People v. Lundborg, 76-746
| Citation | 39 Colo.App. 498,570 P.2d 1303 |
| Decision Date | 14 July 1977 |
| Docket Number | No. 76-746,76-746 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Richard Edward LUNDBORG, Defendant-Appellant. . III |
| Court | Colorado Court of Appeals |
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.
Walter L. Gerash, P.C., Jeffrey A. Springer, Denver, for defendant-appellant.
The defendant was convicted in August 1976, of five counts of felony menacing as defined by § 18-3-206, C.R.S. 1973. He contends on appeal that the trial court erred in refusing his tendered instructions that, although intoxication is not a defense to a criminal charge, it may nevertheless be considered by the jury in determining whether the defendant had the requisite specific intent to commit the crime of felony menacing. We agree that the trial court should have so instructed the jury, and, therefore, reverse the convictions.
The People concede, and we agree, that there is abundant evidence in the record of the defendant's intoxication at the time he committed the acts which form the basis for these charges. It is thus evident that the tendered instructions should have been given, See People v. Cornelison, Colo., 559 P.2d 1102 (1977); §§ 18-1-804(1) and 18-1-805, C.R.S. 1973, if the crime of felony menacing, as defined in § 18-3-206, C.R.S. 1973, is a specific intent crime. We hold that it is.
Section 18-3-206, C.R.S. 1973, defines menacing as follows:
"A person commits the crime of menacing if, by any threat or physical action, he intentionally places or attempts to place another person in fear of imminent serious bodily injury."
Section 18-1-501(5), C.R.S. 1973 (1976 Cum.Supp.) provides:
"A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct."
These statutory provisions compel the conclusion that felony menacing is a specific intent crime. See People v. Cornelison, supra.
The trial court refused the defendant's tendered instructions on menacing and on the affirmative defense of intoxication, which were in the form recommended by Colo. J.I. Crim. 10:15 and 7:13, respectively. Further, the trial court instructed the jury concerning culpable mental state in the language of Colo. J.I. Crim. 6:1,...
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People v. Mattas
...the evidence supports an intoxication defense, it is appropriate for a trial court to instruct on that defense. People v. Lundborg, 39 Colo.App. 498, 570 P.2d 1303 (1977). 7 The defendant has shown no damage to his case caused by the instruction, People v. Aragon, 186 Colo. 91, 525 P.2d 113......
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BROWN v. People of The State of Colo.
...for a trial court to instruct on that defense.” People v. Mattas, 645 P.2d 254, 259 (Colo.1982) (citing People v. Lundborg, 39 Colo.App. 498, 499, 570 P.2d 1303, 1304 (1977)); cf. Mathews, 485 U.S. at 63, 108 S.Ct. 883 (“As a general proposition a defendant is entitled to an instruction as ......
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People v. Quintana
...Not only is it appropriate for a trial court to instruct on that defense when it is supported by the evidence, People v. Lundborg, 39 Colo.App. 498, 570 P.2d 1303 (1977), it may constitute reversible error if the trial court fails sua sponte to instruct the jury on the defense. People v. Ma......
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People v. McPherson
...when one acts to create a subjective state of fear in the mind of another. Although it is a specific intent crime, People v. Lundborg, Colo.App., 570 P.2d 1303 (1977), it is the specific intent To cause fear which constitutes the essential element of the offense, People v. Stout, Colo., 568......
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ARTICLE 3
...under equal protection. People v. Ibarra, 849 P.2d 33 (Colo. 1993). Felony menacing is a specific intent crime. People v. Lundborg, 39 Colo. App. 498, 570 P.2d 1303 (1977). Felony menacing is not a lesser included offense of second-degree assault.The offense of second-degree assault does no......
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ARTICLE 3 OFFENSES AGAINST THE PERSON
...under equal protection. People v. Ibarra, 849 P.2d 33 (Colo. 1993). Felony menacing is a specific intent crime. People v. Lundborg, 39 Colo. App. 498, 570 P.2d 1303 (1977). Felony menacing is not a lesser included offense of second-degree assault. The offense of second-degree assault does n......