Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Darren Roman, Respondent

June 19, 2017398 P.3d 134

Summary

The court held that any error in refusing to instruct the jury on reckless second degree assault was harmless. Although the jury was not given that additional lesser-offense option, it rejected the lesser assault instruction that was provided and could not have used the requested instruction to implement the defendant's theory because he consistently denied causing the victim's injuries. The court therefore reversed the court of appeals' judgment.