Montez v. People

T 1 In this case, we accepted certiorari on a statutory construction issue involving the first degree burglary statute, section 18-4-202(1), C.R.S. (2011), which incorporates the armed with a deadly weapon definition contained in section 18-1-901(8)(e), CRS. (2011).1 The General Assembly has defined "Deadly weapon" to include a "firearm, whether loaded or unloaded," "which in the manner it is used or intended to be used is capable of producing death or serious bodily injury." § 18-1-901@8)(e)(I). The proseeution argues that this statute classifies a firearm as per se a deadly weapon. It…