People v. Bramlett

The defendant appeals a conviction for first-degree assault under 1971 Perm. Supp., C.R.S. 1963, section 40-3-202(l)(a). The only issue raised on appeal concerns the constitutionality of the penalty for first-degree assault as applied to defendants who can establish that they acted with a good faith, but unreasonable belief, that justification existed to use force.

Defendant was the manager of a service station near Ovid, Colorado. On May 4, 1973, several persons in a van pulled into the service station. An argument ensued during which the defendant shot one of the persons with a .22 caliber…