Thomas v. People

Petitioner, Joseph Thomas, was convicted by a jury of attempted heat of passion manslaughter, 1 first degree assault, 2 and crime of violence. 3 The charges resulted from an altercation between Thomas and Roy Preston that occurred on the evening of November 30, 1986. On appeal, the Court of Appeals affirmed the conviction, and in so doing rejected Thomas’ assertion that the trial court erred in failing to instruct the jury that the affirmative defense of self-defense applied to the charge of attempted heat of passion manslaughter. People v. Thomas, 789 P.2d 470 (Colo.App.1989). Having granted…