O'SHAUGHNESSY v. PEOPLE

No. 10SC350.

269 P.3d 1233 (2012)

2012 CO 9

Michael P. O'SHAUGHNESSY, Petitioner v. The PEOPLE of the State of Colorado, Respondent.

Supreme Court of Colorado, En Banc.

February 13, 2012.


Attorney(s) appearing for the Case

Office of the State Public Defender, Douglas K. Wilson , State Public Defender, Andrew C. Heher , Deputy Public Defender, Denver, Colorado, Attorneys for Petitioner.

Office of the Attorney General, John W. Suthers , Attorney General, Jennifer A. Berman , Assistant Attorney General, Denver, Colorado, Attorneys for Respondent.


Justice RICE delivered the Opinion of the Court.

I. Introduction

¶ 1 We granted certiorari in this case to review whether the court of appeals imposed an unauthorized restriction on the affirmative defense of abandonment when it held that a defendant was not entitled to a jury instruction on abandonment when charged with attempted first degree murder with a deadly weapon or with attempted aggravated robbery once the defendant injured the victim.

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