People v. Spoto, No. 85CA1286
| Docket Nº | No. 85CA1286 |
| Citation | 772 P.2d 631 |
| Case Date | October 27, 1988 |
| Court | Court of Appeals of Colorado |
Page 631
v.
Vincent Joseph SPOTO, Defendant-Appellant.
Div. IV.
Rehearing Denied Nov. 25, 1988.
Certiorari Granted April 10, 1989.
Page 632
Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Clement P. Engle, Asst. Atty. Gen., Denver, for plaintiff-appellee.
David F. Vela, State Public Defender, Linda Perkins, Kathleen A. Lord, Deputy State Public Defenders, Denver, for defendant-appellant.
NEY, Judge.
The defendant, Vincent Joseph Spoto, appeals from the judgment of conviction of first degree murder for the shooting death of Roger Berg (victim). We reverse and remand.
On the night of the shooting, defendant's roommate, accompanied by defendant, went to a woman's apartment to confront her concerning her relationship with the roommate and with the victim. Upon arriving there, they found the woman and the victim sleeping in a bedroom. After a brief and heated exchange of words, both the defendant and the victim drew guns. The defendant grabbed the victim's arm, and during the ensuing struggle, the defendant shot the victim in the neck.
The prosecution offered evidence showing that several weeks before the shooting the defendant had entered a former roommate's bedroom during his investigation of a burglary and placed a gun against the roommate's head. Based on the similarities between this incident and the charged offense, the trial court concluded that the evidence was admissible to prove intent and to rebut defendant's claim of accident or mistake.
The defendant contends the trial court erred in admitting the evidence of prior misconduct. We agree.
Traditionally, the use of evidence of prior conduct has been disallowed where its only bearing in a case is to establish a person's disposition or propensity to commit certain crimes, wrongs, or acts. See Stull v. People, 140 Colo. 278, 344 P.2d 455 (1959); Warford v. People, 43 Colo. 107, 96 P. 556 (1908); People v. Molineux, 168 N.Y. 264, 61 N.E. 286 (1901); U.S. v. Burr, 25 Fed. Cases 552 (1807). Although such evidence may be relevant, it has historically been excluded because of "the practical experience that its disallowance tends to prevent confusion of issues, unfair surprise, and undue prejudice." Michelson v. United States, 335 U.S. 469, 69 S.Ct. 213, 93 L.Ed. 168 (1948); See Stull v. People, supra.
Despite this general prohibition, evidence of an extrinsic act is...
To continue reading
Request your trial
-
People v. Casias, No. 09CA1745.
...state, “the prior conduct [must involve] the same intent that the prosecution seeks to establish in the charged offense.” People v. Spoto, 772 P.2d 631, 633 (Colo.App.1988), aff'd,795 P.2d 1314 (Colo.1990); see also United States v. Cockrell, 587 F.3d 674, 679 n. 1 (5th Cir.2009) ( “Where t......
-
People v. Casias, Court of Appeals No. 09CA1745
...state, "the prior conduct [must involve] the same intentthat the prosecution seeks to establish in the charged offense." People v. Spoto, 772 P.2d 631, 633 (Colo. App. 1988), aff'd, 795 P.2d 1314 (Colo. 1990); see also United States v. Cockrell, 587 F.3d 674, 679 n.1 (5th Cir. 2009) ("Where......
-
People v. Weeks, Court of Appeals No. 12CA0481
...the prosecution seeks to establish in the charged offense.' " People v. Casias, 2012 COA 117, ¶ 42, 312 P.3d 208(quoting People v. Spoto, 772 P.2d 631, 633 (Colo.App.1988), aff'd, 795 P.2d 1314 (Colo.1990)).¶ 23 In this case, as in Casias, the prosecutor had to prove that defendant (1) enga......
-
People v. Casias, Court of Appeals No. 09CA1745
...state, "the prior conduct [must involve] the same intent that the prosecution seeks to establish in the charged offense." People v. Spoto, 772 P.2d 631, 633 (Colo. App. 1988), aff'd, 795 P.2d 1314 (Colo. 1990); see also United States v. Cockrell, 587 F.3d 674, 679 n.1 (5th Cir. 2009) ("Wher......
-
People v. Casias, No. 09CA1745.
...state, “the prior conduct [must involve] the same intent that the prosecution seeks to establish in the charged offense.” People v. Spoto, 772 P.2d 631, 633 (Colo.App.1988), aff'd,795 P.2d 1314 (Colo.1990); see also United States v. Cockrell, 587 F.3d 674, 679 n. 1 (5th Cir.2009) ( “Where t......
-
People v. Casias, Court of Appeals No. 09CA1745
...state, "the prior conduct [must involve] the same intentthat the prosecution seeks to establish in the charged offense." People v. Spoto, 772 P.2d 631, 633 (Colo. App. 1988), aff'd, 795 P.2d 1314 (Colo. 1990); see also United States v. Cockrell, 587 F.3d 674, 679 n.1 (5th Cir. 2009) ("Where......
-
People v. Weeks, Court of Appeals No. 12CA0481
...the prosecution seeks to establish in the charged offense.' " People v. Casias, 2012 COA 117, ¶ 42, 312 P.3d 208(quoting People v. Spoto, 772 P.2d 631, 633 (Colo.App.1988), aff'd, 795 P.2d 1314 (Colo.1990)).¶ 23 In this case, as in Casias, the prosecutor had to prove that defendant (1) enga......
-
People v. Casias, Court of Appeals No. 09CA1745
...state, "the prior conduct [must involve] the same intent that the prosecution seeks to establish in the charged offense." People v. Spoto, 772 P.2d 631, 633 (Colo. App. 1988), aff'd, 795 P.2d 1314 (Colo. 1990); see also United States v. Cockrell, 587 F.3d 674, 679 n.1 (5th Cir. 2009) ("Wher......