PEOPLE v. LARA

No. 05CA2281.

224 P.3d 388 (2009)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Raymond LARA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied September 24, 2009.


Attorney(s) appearing for the Case

John W. Suthers, Attorney General, Majid Yazdi, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee.

Douglas K. Wilson, Colorado State Public Defender, Alan Kratz, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant.


Opinion by Judge RUSSEL.

Appellate courts often say that jury instructions should "track the language" of the governing statute. See, e.g., People v. Weinreich, 119 P.3d 1073, 1076 (Colo.2005). But this statement, like many legal maxims, is true only up to a point. Sometimes, it is wrong to use statutory language in jury instructions. See, e.g., Leonard v. People, 149 Colo. 360, 374, 369 P.2d 54

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