Supreme Court of Colorado

Ezamika Brown, Petitioner v. the People of the State of Colorado, Respondent

September 20, 2010239 P.3d 764

Summary

The court held that a defendant who maintains his innocence may nevertheless request inconsistent instructions on a lesser included offense and voluntary intoxication, so long as the evidentiary record provides a rational basis for them. It nevertheless affirmed because the record did not rationally support either attempted second degree murder or voluntary intoxication in this case. Justice COATS, joined by Justice EID, concurred only in the judgment and would have upheld the denial because the requested instructions contradicted Brown's binding trial testimony.