The People of the State of Colorado, Petitioner v. Isidore Griego, Respondent — Coats, J., Dissenting

Summary

Justice Coats dissented from the majority's affirmance, arguing that attempt liability for reckless manslaughter and reckless second-degree assault does not require proof that a particular discernible person was actually endangered. He maintained that the statutory attempt framework focuses on conduct strongly corroborative of the purpose to engage in acts creating the requisite substantial and unjustifiable risk, even if no specific victim comes within range. He also rejected the majority's equal-protection and absurdity concerns, reasoning that the charged offenses are distinguishable from lesser driving offenses because they require disregard of a substantial risk of death or serious bodily injury. Justice Boatright joined the dissent.