The People of the State of Colorado, Petitioner v. Adam Isolano Smith, Respondent.

Summary

The court held that defense counsel's general acceptance of the proposed jury instructions did not waive or invite error regarding the omission of the charged victim from the menacing instruction. The omission was therefore reviewed for plain error, but the court concluded that the trial record did not create an obvious risk of a non-unanimous verdict because the evidence and instructions identified the girlfriend as the victim. The court reversed the court of appeals' judgment and remanded for further proceedings consistent with its opinion.