O'Shaughnessy v. People

I. Introduction

¶ 1 We granted certiorari in this case to review whether the court of appeals imposed an unauthorized restriction on the affirmative defense of abandonment when it held that a defendant was not entitled to a jury instruction on abandonment when charged with attempted first degree murder with a deadly weapon or with attempted aggravated robbery once the defendant injured the victim. People v. O’Shaughnessy, — P.3d -, -, 2010 WL 1491646 (Colo.App. 2010). We hold that to present an affirmative defense of abandonment of an attempt crime for jury consideration the defendant must…