People v. Sepulveda

In this case, a jury convicted defendant, Walter Sepulveda, of first-degree murder after deliberation. Over the objections of the defendant, the trial court instructed the jury that it could not consider intoxication as a defense to the “after deliberation” element of first-degree murder. Sepulveda appealed his conviction.

In People v. Harlan, 8 P.3d 448 (Colo.2000), published after Sepulveda’s trial, we concluded that the trial court should instruct the jury that the “after deliberation” element can be negated by evidence of self-induced intoxication. Because the People thus anticipated…