People v. Hoffman

The majority holds that the defendant’s conviction of conspiracy to manufacture a dangerous drug must be reversed because the jury’s verdict of guilty of that charge is inconsistent with its verdict of not guilty on the charge of attempt to manufacture a dangerous drug. I disagree and therefore respectfully dissent.

The majority relies on the rule established in People v. Robles, 160 Colo. 297, 417 P.2d 232 (1966), now codified in section 18-2-206(2), C.R.S.1973, to reach its conclusion.1 The rationale for this rule was succinctly explained in Robles, where the defendant was acquitted of…