PEOPLE v. COLEBY

No. 00SC416.

34 P.3d 422 (2001)

The PEOPLE of the State of Colorado, Petitioner, v. Mark Edward COLEBY, Respondent.

Supreme Court of Colorado, En Banc.

November 13, 2001.


Attorney(s) appearing for the Case

Jeanne M. Smith, District Attorney El Paso County, Diana K. May, Deputy District Attorney, Gordon R. Denison, Deputy District Attorney, Colorado Springs, CO, Attorneys for Petitioner.

David Kaplan, Colorado State Public Defender, Joshua N. Tolini, Deputy State Public Defender, Daniel Zetler, Deputy State Public Defender, Colorado Springs, CO, Attorneys for Respondent.


Justice RICE delivered the Opinion of the Court.

We issued a writ of certiorari to review the district court's judgment in People v. Coleby, No. 99CV1893 (Colo. Dist. Ct. April 13, 2000). In Coleby, the district court disapproved a county court order that held that both the mental states of "knowingly" and "intentionally" are applicable to the crime of violation of a restraining order under section 18-6-803.5, 6 C.R.S. (1997). Specifically, the district...

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