Summaries of Published Opinions, 1220 COBJ, Vol. 49, No. 11 Pg. 105

• Position: Vol. 49, 11 [Page 105]

49 Colo.Law. 105

Summaries of Published Opinions

Vol. 49, No. 11 [Page 105]

Colorado Lawyer

December, 2020

COLORADO SUPREME COURT

October 19, 2020

2020 CO 76. No. 19SC50. People v. Struck-meyer.

Mutually Exclusive Verdicts—Legally Consistent Verdicts—CRS § 18-1-503(3).

A jury found defendant guilty of both child abuse (knowingly or recklessly), a class 3 felony and child abuse (criminal negligence), a class 4 felony, based on the same criminal conduct. A Court of Appeals division concluded that the verdicts were logically and legally inconsistent and could not be sustained because the class 3 felony conviction required the jury to determine that defendant was aware of the risk of serious bodily injury to the child victim, while the class 4 conviction required the jury to find that defendant was unaware of the risk of serious bodily injury to the child victim. Because the division believed that the trial court had accepted mutually exclusive guilty verdicts, it found plain error, reversed the judgment of conviction, and remanded the case for a new trial.

The Supreme Court reversed. In People v. Rigsby, 2020 CO 74, ¶ 21, the Court observed that CRS § 18-1-503(3) sets up a hierarchical system of culpable mental states in which (1) "intentionally" or "with intent" is the most culpable, "knowingly" is the next most culpable, "recklessly" is the next most culpable, and "criminal negligence" is...