The People of the State of Colorado, Petitioner v. Kalani Opana, Respondent

Summary

The court held that the statutory definition of “deadly physical force” uses “intended” in an objective sense, referring to the consequence a normal or typical person would intend, rather than the defendant’s subjective intent. Because Opana shot the victim in the chest at close range with a large-caliber handgun and the shot caused death, the evidence supported only a deadly-force self-defense instruction, not an ordinary-force instruction. The court therefore reversed the court of appeals and remanded for consideration of Opana’s remaining assignments of error. Justice Gabriel, joined by Justice Hood, dissented and would have held that “intended” refers to the actor’s subjective intent and that the omission of an ordinary-force instruction was plain error.