Supreme Court of Colorado
v. People
December 9, 20192019 CO 100
Summary
The court held that a prosecution witness's probationary status is always relevant for impeachment when the witness is on probation in the same sovereign as the prosecution, so the trial court erred by barring questioning about that status. The error was harmless beyond a reasonable doubt because defense counsel explored the underlying dishonesty, there was no evidence of promised leniency or fear of retaliation, and another victim's similar assault corroborated the witness. The court also held that the defendant could be convicted of both third-degree assault and menacing arising from the same conduct because the offenses protect against different harms, no statutory exception barred cumulative convictions, and the evidence supported both offenses.