People v. Cunefare

Justice BENDER,

concurring in Part II.A., but dissenting to Part II.B., and dissenting in part to the judgment.

The majority affirms Cunefare's conviction for felony forgery under section 18-5-102(1)(c), C.R.S.2004, for falsely writing and *311sending, under his wife's signature, a letter to the district attorney claiming that his wife's previously alleged assault charge against him never occurred. In my view, the plain language of section 18-5-102(1)(c) is ambiguous as to whether the forgery statute encompasses such a letter within its ambit. Applying traditional rules of statutory construction to…