Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Isidore Griego, Respondent

January 22, 2018409 P.3d 338

Summary

The court held that attempted reckless manslaughter and attempted second degree assault require proof that the defendant placed an actual, discernible person at risk of death or serious bodily injury; risking the public at large is insufficient. Because no particular person was endangered in either incident, the evidence could not support the convictions, and the court affirmed the appellate judgment directing acquittals. Justice Coats, joined by Justice Boatright, dissented, arguing that attempt liability requires conduct strongly corroborative of reckless risk-producing conduct, not endangerment of a particular victim.