People v. Fichtner

We granted certiorari to decide whether co-defendants are jointly responsible for restitution for a victim’s damaged property and whether the trial court’s failure to define “serious bodily injury” in its jury instruction on menacing with a deadly weapon constitutes plain error.

The People petitioned this court to review the decision of the court of appeals in People v. Fichtner, No. 91CA0246 (Colo.App. Dec. 17, 1992), holding that (1) a defendant is not jointly liable for restitution when the damage was caused by his co-defendant, and (2) the trial court committed plain error by failing to…