Friend v. Colorado

This case involves the death of four-year-old MB, the daughter of petitioner Mark Friend’s girlfriend. During an interview with law enforcement on the day that MB was transported to the hospital (and before she died), Friend admitted to striking and throwing MB several times in the prior few days. Friend was ultimately charged with (1) first-degree murder-victim under twelve, position of trust; (2) child abuse resulting in death; (3) child abuse resulting in death- pattern of conduct; (4) two counts of child abuse causing serious bodily injury; and (5) child abuse causing serious bodily injury- pattern of conduct. In pleading each of these counts, the information generally tracked the language of the pertinent statutory provisions, but it did not indicate the specific facts supporting each count. This case principally presented two double jeopardy questions: (1) whether the child abuse statute, section 18-6-401, C.R.S. (2018), prescribed more than one unit of prosecution and whether the prosecution presented sufficient evidence to establish that petitioner committed more than one crime of child abuse; and (2) whether child abuse resulting in death under sections 18-6-401(1)(a) and (7)(a)(1), was a lesser included offense of first-degree murder of a child under section 18-3-102(1)(f), C.R.S. (2018) (“child abuse murder”). As to the first double jeopardy question presented here, the Colorado Supreme Court concluded the appellate court correctly determined that section 18-6-401 created one crime of child abuse that can be committed in alternative ways; each of the child abuse convictions must merge into one conviction for child abuse resulting in death. As to the second double jeopardy question at issue, The Supreme Court concluded the lower court erred in determining that Friend’s merged child abuse resulting in death conviction did not merge into his child abuse murder conviction. The Court therefore affirmed in part and reversed in part the lower court’s judgment. View "Friend v. Colorado" on Justia Law