People v. Trujillo

We granted certiorari to review the court of appeals decision in People v. Trujillo, 62 P.3d 1034 (Colo.App.2002). 1 Defendant, Henry Michael Trujillo, requested the trial court to deliver two lesser non-included defense instructions — resisting arrest and reckless endangerment — to the jury on retrial of mistried charges of first-degree assault on police officers. The trial court refused to issue the requested instructions because: (1) a previous jury had found Trujillo guilty of these two offenses; and (2) constitutional double jeopardy protections prohibited the prosecution and the court…