Supreme Court of Colorado

People v. Wester-Gravelle

June 22, 2020465 P.3d 570

Summary

The court held that the defendant did not waive her claim that the prosecution should have elected the forgery document or that the jury should have received a modified unanimity instruction, but she forfeited the claim by failing to raise it at trial. Reviewing for plain error, the court held that any instructional or election error was neither obvious nor substantial because the case was charged and tried as a single transaction involving all three charts and the standard unanimity instruction required agreement on all parts of the verdict. The court reversed the court of appeals’ judgment and remanded for consideration of the defendant’s remaining appellate claims.