People v. Schuett

We granted certiorari to review the court of appeals’ decision in People v. Schuett, *45819 P.2d 1062 (Colo.App.1991), which reversed the conviction of the defendant, Sherman Schuett, for second degree kidnapping and remanded the case for a new trial on that charge. The court of appeals held that the trial court committed plain error when, in response to a jury request during deliberations for a clarifying definition of the statutory term “without lawful justification,” it stated that the jury “must give this term the common meaning that the words imply.” In support of its holding, the court of…