People v. Martinez

The People, pursuant to section 16-12-102(1), 8A C.R.S. (1986), 1 appeal the jury instruction given at the trial of the defendant, Ernest David Martinez, who was acquitted of the charge of possession of a weapon by a previous offender. The trial court defined “possess” to be the “exercise of exclusive control over an item.” We believe that the trial court’s definition is incorrect and disapprove the ruling.

I

An information was filed charging the defendant with possession of a weapon by a previous offender in violation of section 18-12-108, 8B C.R.S. (1986). 2 The charge resulted from…