Supreme Court of Colorado

Terry Townsend, Petitioner v. the People of the State of Colorado, Respondent

May 31, 2011252 P.3d 1108

Summary

The court affirmed Townsend's escape conviction, holding that the jury instructions adequately stated the elements of escape, that any error in defining escape was harmless, and that Townsend could not obtain review of an instruction he had tendered. The court declined to reach his separation-of-powers and nondelegation challenge because he waived it by tendering an instruction treating parole-officer directives as extended limits of confinement, and it rejected his as-applied vagueness challenge as unpreserved and unsupported. Chief Justice Bender, joined by Justice Martinez, concurred in the constitutional analyses but would have reversed based on cumulative instructional, evidentiary, and prosecutorial errors.