The People of the State of Colorado, Petitioner v. Gilbert Arturo Naranjo, Respondent

Summary

The court held that the trial court properly refused to instruct the jury on disorderly conduct with a deadly weapon as a lesser non-included offense. Although the victims' testimony supported felony menacing, Naranjo's testimony described only moving the gun to prevent it from falling and did not provide a rational basis for disorderly conduct. The court therefore reversed the court of appeals' judgment.