Arko v. People

I. Introduction

We granted certiorari in People v. Arko, 159 P.3d 713 (Colo.App.2006), to determine whether the court of appeals correctly affirmed the trial court's ruling accepting the defendant's decision not to request a jury instruction on a lesser non-included offense over the objection of defense counsel on the ground that this decision implicated the defendant's fundamental rights.1 Petitioner Johnnie Erick Arko and the People both argue that the decision whether to submit a jury instruction on a lesser offense is a tactical decision that rests with the trial counsel. However, the…