The People of the State of Colorado, Petitioner v. Kalani Opana, Respondent — Gabriel, J., Dissenting

Summary

Justice Gabriel dissented from the majority’s construction of “intended” in the statutory definition of deadly physical force. He would construe the term to refer to the actor’s subjective intent and would conclude that the trial court plainly erred by failing to instruct the jury on ordinary-force self-defense. Justice Hood joined the dissent.