Supreme Court of Colorado
20SC399 - Rojas v. People
February 22, 2022504 P.3d 296
Summary
The court abolished Colorado's res gestae doctrine in criminal cases, holding that uncharged misconduct must be evaluated under the modern Rules of Evidence rather than admitted through res gestae as a standalone basis. It held that the later food-stamp application was extrinsic character evidence subject to CRE 404(b) and the required analytical and procedural safeguards, and that admitting it without those safeguards was not harmless. The court reversed the court of appeals and remanded for a new trial.
Holding
- Res gestae doctrine. Colorado's res gestae doctrine is abolished in criminal cases and may no longer serve as a standalone basis for admitting evidence.
- Classification and admissibility of uncharged misconduct evidence. A trial court must first determine whether uncharged misconduct evidence is intrinsic or extrinsic to the charged offense. Intrinsic evidence is evidence that directly proves the charged offense or occurred contemporaneously with and facilitated its commission; intrinsic evidence is evaluated under CRE 401–403. Extrinsic evidence that suggests bad character is governed by CRE 404(b) and requires a Spoto analysis and applicable procedural safeguards.
- Harmlessness of the evidentiary error. The erroneous admission of the August application was not harmless, requiring reversal and a new trial.
Docket 22CO8
Cited authorities
- 2013 Colo. Sess. Laws 2196
- 38 Colo. Law. 35
- Fed. R. Evid. 404(b)
- 118 Colum. L. Rev. 769
- 59 Cath. U. L. Rev. 719
- 25 Nova L. Rev. 279
- 88 Nw. U. L. Rev. 1582
- Kan. Stat. Ann. § 60-455