People v. Smith

ROVIRA, Justice.

Defendant Geoffrey Christopher Smith was convicted of criminal mischief, § 18-4-501, 8B C.R.S. (1986). The trial court sentenced him to a term of imprisonment and a fine, suspended that sentence, then placed him on probation. Smith contends that the trial court erred in refusing to give the self-defense instruction he tendered, and the People claim that the trial court erred in declining to order that Smith pay restitution. 1 Although we find no error in the trial court’s refusal to give the self-defense instruction, we agree with the People that the trial court should have…