People v. Wood case brief summary
230 P.3d 1223 (2009)
CASE FACTS
The victim and his girlfriend offered to sell defendant methamphetamine. Defendant invited the two back to his apartment for the sale. When defendant discovered the drugs were fake, he shot and killed the victim. He was charged with first degree murder. He sought a pre-trial order of dismissal under the "make-my-day" statute, Colo. Rev. Stat. § 18-1-704.5(3) (2009). The trial court denied his request. The jury rejected both the make-my-day defense and his self-defense claim.
DISCUSSION
CONCLUSION
The judgment was affirmed.
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230 P.3d 1223 (2009)
CASE SYNOPSIS
Defendant appealed the judgment of the
City and County of Denver District Court, Colorado, convicting him of
manslaughter.CASE FACTS
The victim and his girlfriend offered to sell defendant methamphetamine. Defendant invited the two back to his apartment for the sale. When defendant discovered the drugs were fake, he shot and killed the victim. He was charged with first degree murder. He sought a pre-trial order of dismissal under the "make-my-day" statute, Colo. Rev. Stat. § 18-1-704.5(3) (2009). The trial court denied his request. The jury rejected both the make-my-day defense and his self-defense claim.
DISCUSSION
- On appeal of his conviction for manslaughter, the Court of Appeals of Colorado held that defendant could not appeal the pre-trial denial of his motion for dismissal.
- The jury's rejection of his defenses was supported by the evidence.
- The trial court did not err by admitting inculpatory statements volunteered by defendant after he was arrested.
- Impeachment evidence showing that the victim's girlfriend had been convicted of misdemeanor offenses was properly excluded under Colo. Rev. Stat. § 13-90-101 and Colo. R. Evid. 608.
CONCLUSION
The judgment was affirmed.
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