Mark Alton Friend, Petitioner/cross-Respondent v. the People of the State of Colorado, Respondent/cross-Petitioner.

Summary

The court held that the child abuse statute creates a single offense capable of being committed in alternative ways, and that the prosecution failed to prove factually distinct child abuse offenses. It further held that child abuse resulting in death merges into child abuse murder because the governing statute excludes child abuse resulting in death when the murder conditions are met and because child abuse resulting in death is a lesser included offense. The court found the trial court's failure to merge the convictions was plain error, affirmed in part, reversed in part, and ordered an amended mittimus.