Colorado, October, 2004, State Case law

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State Courts - Colorado - October 7, 2004

People v. Cooper, Court of Appeals No. 02CA2078, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 7, 2004, Decided
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Overview: Defendant was properly convicted of possession of a controlled substance after police found methamphetamine in a car he was driving. The court erred by taking judicial notice of an earlier presentence report to make an habitual offender finding.

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People v. Garrison, Court of Appeals No.: 01CA0527, COURT OF APPEALS OF COLORADO, October 7, 2004, Decided
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Overview: Defendant's convictions for first-degree murder after deliberation and using a deadly weapon were proper where the victim's statements to his training manager were properly admitted as excited utterances.

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People v. Gookins, Court of Appeals No.: 01CA1020, COURT OF APPEALS OF COLORADO, DIVISION THREE, October 7, 2004, Decided
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People v. Jackson, Court of Appeals No.: 03CA0744, COURT OF APPEALS OF COLORADO, DIVISION FIVE, October 7, 2004, Decided
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Overview: That defendant could have been subjected to post-release supervision was not a direct consequence of a plea to which he had to be advised of at his providency hearing, and his sex offender classification was not a matter for postconviction relief.

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People v. Larkins, Court of Appeals No.: 03CA0676, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Where defendant entered a victim's home and stole cash from a purse, he was properly convicted of second degree burglary of a dwelling. He was not entitled to a jury instruction on the lesser included offense of second degree criminal trespass.

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People v. Mackey, Court of Appeals No.: 03CA1150, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Defendant's motion for post-conviction relief was properly denied, as there was no requirement that his Colorado murder sentence had to start running on the date of sentencing while he was still serving time in a foreign jurisdiction.

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People v. Montoya, Court of Appeals No. 03CA0420, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Conviction of second degree assault on a firefighter was affirmed because "firefighter" encompassed the victim, a paramedic employed by the fire department, who responded to such emergencies as medical calls, fire calls, and car accidents.

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People v. Wilford, Court of Appeals No.: 02CA1199, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Defendant's conviction for aggravated robbery was affirmed; the positioning of his picture in the middle of the top row of a photo lineup did not render the identification procedure impermissibly suggestive.

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Richardson v. Farmers Ins. Exch., Court of Appeals No.: 03CA1605, COURT OF APPEALS OF COLORADO, DIVISION TWO, October 7, 2004, Decided
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Overview: Trial court erred when it ruled step-down endorsement was enforceable; because the insurer did not comply with a statute, the endorsement was unenforceable. Policy provided UM/UIM coverage for bodily injury in amount of $100,000/$300,000.

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Roberts v. Am. Family Mut. Ins. Co., Court of Appeals No.: 03CA0843, COURT OF APPEALS OF COLORADO, DIVISION FOUR, October 7, 2004, Decided
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Overview: Insurers reasonably placed anti-stacking provision in General Provisions section and heading "Two or more cars insured" adequately informed insureds of situations to which it applied. Policies set forth limits of liability and were not ambiguous.

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