Supreme Court of Colorado

Michael P. O'Shaughnessy v. the People of the State of Colorado

February 13, 2012269 P.3d 1233

Summary

The court held that a defendant seeking a jury instruction on abandonment of a criminal attempt must present some credible evidence supporting the defense. Injury to the victim does not categorically bar abandonment, but the defendant was not entitled to the instruction because the evidence showed no complete and voluntary renunciation of criminal intent. The court therefore affirmed the judgment below.