Supreme Court of Colorado

The People of the State of Colorado, Petitioner v. Rodolfo Lozano-Ruiz, Respondent.

October 29, 2018429 P.3d 577

Summary

The court held that the trial court did not commit plain error by omitting the statutory definition of "sexual penetration" from the jury instructions. Because the defendant did not contest that sexual penetration occurred and defended only on mistake of age, the omission did not create a reasonable possibility that the instruction affected the verdict. The court therefore reversed the district court's order and reinstated the conviction.