State v. Edgerton

HUNTER, JR., Robert N., Judge.

Howard Junior Edgerton (“Defendant”) appeals from a 21 March 2013 judgment sentencing him as a level VI offender for violating a domestic violence protective order (“DVPO”) with a deadly weapon. Defendant argues that the trial court erred by failing to instruct the jury on the lesser-included misdemeanor offense of violation of a DVPO. We agree and order a new trial.

I. Facts & Procedural History

Defendant was indicted on 9 July 2012 for violating a DVPO with a deadly weapon in 11 CRS 052801, and with assault with a deadly weapon with intent to Mil (“AWDWIK”),…