People v. Thomas case brief

People v. Thomas case brief summary
729 P.2d 972 (1986)

CASE SYNOPSIS

On a writ of certiorari, petitioner state sought review of the judgment of the Colorado Court of Appeals, which sustained defendant's conviction for first degree assault, but reversed his conviction for attempted reckless manslaughter on the grounds that it was not a cognizable crime in Colorado.

CASE FACTS
Defendant was convicted of attempted reckless manslaughter and first degree assault as the result of a jury trial.

DISCUSSION

• The court reversed that portion of the court of appeals' judgment overturning defendant's conviction for attempted reckless manslaughter. 
• The court held that attempted reckless manslaughter was a cognizable crime in the state of Colorado. 
• The court held that because the underlying crime of extreme indifference murder did not involve unintentional conduct, the attempt to commit that crime did not involve an attempt to commit an unintentional act. 
• That same analysis applied to the crime of reckless manslaughter. 
• The court held that a substantive crime having recklessness with respect to result as an element could provide the basis for criminal attempt liability. 
• The court held that, although difference in the degree of moral culpability of the actor might be perceived between knowingly achieving a proscribed result and recklessly accomplishing it, the difference in potential for future danger inherent in those two culpable mental states was not significant enough to justify a different result under the potential for future danger test.

CONCLUSION
The court reversed that portion of the court of appeals' judgment overturning defendant's conviction for attempted reckless manslaughter.

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