People v. Cross

HOBBS, Justice.

We granted certiorari to review the court of appeals’ judgment in People v. Cross, 114 P.3d 1 (Colo.App.2004), on the issue of the correct jury instruction for the crime of harassment by stalking under section 18-9-lll(4)(b)(III), C.R.S. (2005).1 A jury convicted Brian M. Cross (“Cross”) of harassment by stalking — credible threat, contrary to section 18 — 9—111 (4)(b)(1), C.R.S. (2005), and harassment by stalking — serious emotional distress, contrary to section 18-9-lll(4)(b)(III), C.R.S. (2005).2 The court of appeals set aside both convictions and remanded for a new trial on…