PEOPLE v. ETCHELLS

No. 80CA0340.

646 P.2d 950 (1982)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bambi Jo ETCHELLS, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied April 1, 1982.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Jeffrey Weinman, Asst. Attys. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, State Public Defender, Suzanne Saunders, Elizabeth A. Joyce, Deputy State Public Defenders, Denver, for defendant-appellant.


SMITH, Judge.

Defendant, Bambi Jo Etchells, appeals her conviction by a jury of introducing contraband in the first degree. We reverse and remand for a new trial.

Defendant contends that the trial court committed plain error by improperly instructing the jury on the definition of "knowingly." We agree.

The mental state of "knowingly" is an element of the crime of introducing contraband in the first degree. Section 18-8-203(1), C.R.S.1973 (1978 Repl...

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