COPELAND v. PEOPLE

No. 98SC756.

2 P.3d 1283 (2000)

Steven Scott COPELAND, Petitioner, v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 12, 2000.


Attorney(s) appearing for the Case

David Kaplan, Colorado State Public Defender, Katherine Brien, Deputy State Public Defender, Denver, Colorado, Attorneys, for Petitioner.

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Alan J. Gilbert, Solicitor General, Robert Mark Russel, First Assistant Attorney General, Eric V. Field, Special Assistant Attorney General, Criminal Enforcement Section, Julia A. Thomas, Assistant Attorney General, Appellate Division, Denver, Colorado, Attorneys for Respondent.


Justice HOBBS delivered the Opinion of the Court.

Colorado's fourth degree arson statute provides that a person who "knowingly or recklessly starts or maintains a fire . . . on his own property or that of another, and by so doing places another in danger of death or serious bodily injury" commits a felony. § 18-4-105, 6 C.R.S. (1999). We granted certiorari to determine whether the mens rea requirement of this statute applies to the phrase "and by so doing places...

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