Friend v. People

JUSTICE GABRIEL delivered the Opinion of the Court.

¶ 1 This case principally presents two double jeopardy questions: (1) whether the child abuse statute, section 18-6-401, C.R.S. (2018), prescribes more than one unit of prosecution and whether the prosecution presented sufficient evidence to establish that the defendant, Mark Alton Friend, committed more than one crime of child abuse and (2) whether child abuse resulting in death under sections 18-6-401(1)(a) and (7)(a)(1), is a lesser included offense of first-degree murder of a child under section 18-3-102(1)(f), C.R.S. (2018) ("child abuse…