Legal Opinion

People v. Daniels

Colorado Court of Appeals

Decided December 10, 2009No. 08CA2586PublishedCited by 17 opinions

1Opinion of the Court

*410Opinion by

Judge GABRIEL.

Defendant, Kalin Andrew Daniels, appeals his judgment of conviction for second degree assault-causing serious bodily injury. The victim of the assault suffered a fractured rib and a lacerated spleen. Defendant asserts that neither of these injuries amounted to "serious bodily injury," as defined by section 18-1-901(8)(p), C.R.S.2009, because the prosecution failed to show that (1) the victim's broken rib was of the second or third degree or (2) the lacerated spleen involved a substantial risk of death or protracted loss or impairment of the function of that organ. As…

2Cases cited5 opinions

  1. People v. JanousekSupreme Court of Colorado · 1994
  2. Moffett v. Life Care Centers of AmericaSupreme Court of Colorado · 2009
  3. People v. JaramilloColorado Court of Appeals · 2008
  4. People v. ValdezColorado Court of Appeals · 2002
  5. People v. SheldonSupreme Court of Colorado · 1979

3Cited by17 opinions

  1. Marks v. KochColorado Court of Appeals · 2011
  2. People v. HerdmanColorado Court of Appeals · 2012
  3. Chittenden v. Colorado Board of Social Work ExaminersColorado Court of Appeals · 2012
  4. Bonidy v. Vail Valley Center for Aesthetic Dentistry, P.C.Colorado Court of Appeals · 2010
  5. People v. MoralesColorado Court of Appeals · 2014

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