Colorado v. Rock

The State sought review of the court of appeals’ judgment reversing defendant Priscilla Rock’s convictions for second degree burglary and theft. The trial court denied Rock’s request for an additional, lesser-included-offense instruction on second degree criminal trespass, on the ground that second degree criminal trespass was not an included offense of second degree burglary. The court of appeals reversed, concluding both that the trial court erred in denying Rock’s requested instruction and that the error was not harmless with regard to either of Rock’s convictions. The Colorado Supreme Court determined the district court erred in denying the defendant her requested instruction on second degree criminal trespass on the ground that it was not a lesser included offense of the charged offense of second degree burglary, and because erroneously denying Rock’s requested instruction was not harmless with regard to either of her convictions, the judgment of the court of appeals was affirmed. View "Colorado v. Rock" on Justia Law