Espinoza v. People

ERICKSON, Justice.

Andrew Espinoza, petitioner, was convicted of first-degree sexual assault 1 and two counts of menacing 2 in the Conejos County District Court. 3 On appeal, Espinoza contends that the district court erred in instructing the jury on the culpable mental state of both offenses. The court of appeals held that the challenged instruction was harmless error. People v. Espinoza, 669 P.2d 142 (Colo.App.1982). We granted certiorari and now affirm.

I

On May 2, 1981, the two victims in this case, S.B. and I.P., attended a festival known as “Springiest” in the mountains near Alamosa. Near…