State v. Black

I concur with everything in the majority writing as it relates to legal test analysis. I further agree wholeheartedly that “there is evidence to support Black’s requested lesser offense instruction.” I part company with the majority, however, when it jumps into the jury box to hold that the jury would have convicted Black only as to the offense charged. I base this dissent on my previous dissent in Black I. Therein, I relied on People v. Shaw, 646 P.2d 375 (Colo.1982), which stated:

“We do not say that [manslaughter] should have been the verdict, or that the jury would have found differently…