People v. Thomas

Opinion by

Judge CRISWELL.

Defendant, Christopher Thomas, appeals the judgment of conviction entered on a jury verdict finding him guilty of riot in a detention facility with the use of a destructive device in violation of § 18-8-211(2)(a), C.R.S. (1986 Repl.Vol. 8B). We remand for further proceedings.

In May 1989, the defendant was charged with one count of riot in a detention facility in violation of § 18-8-211(1), C.R.S. (1986 Repl.Vol. 8B), an unclassified felony. Six months later the People filed a motion to amend the information to charge the defendant with the class 3 felony of which he…