PEOPLE v. CARBAJAL

Supreme Court Case No. 12SC235.

328 P.3d 104 (2014)

2014 CO 60

The PEOPLE of the State of Colorado, Petitioner, v. Joddy CARBAJAL, Respondent.

Supreme Court of Colorado.

June 30, 2014.


Attorney(s) appearing for the Case

Attorney for Petitioner: John W. Suthers , Attorney General, John D. Seidel , Senior Assistant Attorney General, Denver, Colorado.

Attorneys for Respondent: Gradisar Trechter Rippe, David A. Roth , Pueblo, Colorado.

En Banc


JUSTICE EID delivered the Opinion of the Court.

¶ 1 A search of the respondent Joddy Carbajal's residence led to the discovery of three firearms. Carbajal had previously been convicted of a felony, and was charged with three counts of Possession of a Weapon by a Previous Offender ("POWPO"). At trial, Carbajal raised as an affirmative defense that he possessed the weapons for the purpose of defending his home, person, and property. Over Carbajal's objection, the...

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