Griego v. People

In this appeal we hold that the offense of driving after revocation prohibited 1 includes the material element of "knowingly" as the culpable mental state of this crime and that jury instructions should include the definition of "knowingly" as defined in section 18-1-501(6), 6 C.R.S. (2000). The court of appeals in People v. Griego, 988 P.2d 99 (Colo.App.1998) held that the trial court's failure to define the culpable mental state of "knowingly" in its jury instructions was not error and affirmed Griego's conviction. We disagree with this reasoning. We hold that the jury should be instructed…