People v. Willner

Petitioner, Robert Farrell Willner (Will-ner), was convicted by a jury of the offense of first degree murder, in violation of. section 18-3-102, 8B C.R.S. (1986), and crime of violence, in violation of section 16-11-309, 8A C.R.S. (1986). At trial, Willner tendered a jury instruction describing the limits of a person’s duty to retreat pursuant to our decision in Idrogo v. People, 818 P.2d 752 (Colo.1991). The trial court refused to give the instruction to the jury, and the court of appeals, in an unpublished opinion (People v. Willner, No. 91CA1447 (Colo.App. Feb. 11, 1993)), reversed the…