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

Summary

The court reversed the court of appeals’ judgment because it misinterpreted the statutory definition of “deadly physical force” as requiring the defendant’s subjective intent to cause death. The court held that “intended” refers objectively to the consequence that a normal or typical person would intend, and that the evidence could not support an ordinary-force self-defense instruction because Opana shot the victim in the chest at close range with a large-caliber firearm. The case was remanded for consideration of Opana’s remaining assignments of error. Justice Gabriel, joined by Justice Hood, dissented and would have affirmed because the statute refers to the actor’s subjective intent and the omission of an ordinary-force instruction was plain error.