People v. Saleh

A jury found respondent, Christopher Sa-leh, guilty of second degree reckless assault under section 18-3-208(1)(d), 6 C.R.S. (2001). Saleh kicked the victim down a flight of stairs causing serious bodily injury. We granted certiorari in People v. Saleh, 25 P.3d 1248 (Colo.App.2000), to determine whether Saleh's foot qualified as a deadly weapon under section 18-1-901@8)(e), 6 CRS. (2001). 1 Because his foot did not actually and directly cause the serious bodily injury, the court of appeals held that Saleh could not be convicted of second degree reckless assault, which requires the use of a…