Legal Opinion

People v. Baker

Colorado Court of Appeals

Decided October 4, 2007No. 04CA0514PublishedCited by 14 opinions

1Opinion of the Court

Opinion by

Judge TERRY.

This appeal raises an issue of first impression as to whether a defendant’s conviction of extreme indifference first degree assault can stand where the defendant’s conduct was directed at a single individual. We conclude the extreme indifference first degree assault statute, § 18-3-202(l)(c), C.R.S.2007, contains no requirement that universal malice be proved, and therefore a conviction for extreme indifference first degree assault may be upheld where the defendant’s conduct is directed at a single individual. We further address defendant’s challenges to his convictions,…

2Cases cited33 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  3. Davis v. AlaskaSupreme Court of the United States · 1974
  4. Schriro v. SummerlinSupreme Court of the United States · 2004
  5. Sattazahn v. PennsylvaniaSupreme Court of the United States · 2003

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3Cited by14 opinions

  1. People v. HouserColorado Court of Appeals · 2013
  2. People v. GallegosColorado Court of Appeals · 2009
  3. People v. TuckerColorado Court of Appeals · 2009
  4. People v. O'ShaughnessyColorado Court of Appeals · 2010
  5. People v. PLANCARTEColorado Court of Appeals · 2009

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