Mario Reyna-Abarca, Petitioner v. the People of the State of Colora — Coats, J., Concurring in Part and Dissenting…

Summary

Justice Coats agrees with the majority's conclusion that an unpreserved double-jeopardy claim may be reviewed for plain error. He dissents, however, from the majority's adoption of a new elements-subset test for lesser included offenses, contending that the test misreads the relevant federal authority, departs from settled Colorado law, and improperly displaces the court's recent precedent. Justices Eid and Boatright joined the concurrence in part and dissent in part.