Legal Opinion
People v. Lucero
Colorado Court of Appeals
Decided July 14, 2016No. Court of Appeals 13CA1680PublishedCited by 5 opinions
1Opinion of the Court
Opinion by
JUDGE NAVARRO
¶ 1 If a person requests and receives a controlled substance solely for her personal use, has she thereby entered into a conspiracy with the person who gave it to her to distribute the substance? We conclude that she has not because in that scenario the two people have not agreed to distribute the substance to others.
¶ 2 Defendant, Rose Lucero, appeals the judgment of conviction entered on a jury verdict finding her guilty of conspiracy to distribute a controlled substance. ■ Because Lucero’s acts did not constitute such a conspiracy, we vacate the judgment of…
2Cases cited40 opinions
- Iannelli v. United StatesSupreme Court of the United States · 1975
- United States v. ShabaniSupreme Court of the United States · 1994
- United States v. DelgadoCourt of Appeals for the Fifth Circuit · 2012
- United States v. GibbsCourt of Appeals for the Third Circuit · 1999
- United States v. EvansCourt of Appeals for the Tenth Circuit · 1992
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3Cited by5 opinions
- Commonwealth v. HermanSupreme Court of Pennsylvania · 2017
- Commonwealth, Aplt. v. Herman, J.Supreme Court of Pennsylvania · 2017
- Peo v. GregoryColorado Court of Appeals · 2020
- Commonwealth, Aplt. v. Herman, J.Supreme Court of Pennsylvania · 2017
- State of West Virginia v. Jason P. CanadayWest Virginia Supreme Court · 2021