No. 95SA394.

933 P.2d 576 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Carl S. VANCE, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

February 24, 1997.

Attorney(s) appearing for the Case

Robert S. Grant, District Attorney, Seventeenth Judicial District, Donald S. Quick, Chief Deputy District Attorney, Michael J. Milne, Senior Deputy District Attorney, Thomas J. Kresl, Deputy District Attorney, Brighton, for Plaintiff-Appellant.

Bruno, Bruno & Colin, P.C., David J. Bruno, Janice K. Hollenbeck, Denver, for Defendant-Appellee.

Justice MARTINEZ delivered the Opinion of the Court.

The issue presented by this interlocutory appeal is whether a defendant being tried for perjury is entitled to have a jury determine whether his false statement is material. We hold that materiality is an element of the offense of first-degree perjury, section 18-8-502, 8B C.R.S. (1986), and that a defendant has a constitutional right to have a jury determine whether a statement is material.


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