Salvador Esquivel-Castillo, Petitioner v. the People of the State of Colorado, Respondent

Summary

The court affirmed the felony-murder conviction, holding that the separately charged kidnapping count did not limit the meaning of the more generally worded kidnapping predicate in the felony-murder count. Because the felony-murder information alleged kidnapping without incorporating the separate count by clear and specific reference, jury instructions covering all statutory forms of kidnapping supported by the evidence did not constructively amend the charge. The court therefore concluded that the defendant was convicted of the crime charged and received adequate notice.