PEOPLE v. RAU

Court of Appeals No. 18CA2025.

490 P.3d 804 (2020)

2020 COA 92

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Patrick RAU, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Announced June 11, 2020.


Attorney(s) appearing for the Case

Daniel May , District Attorney, Doyle Baker , Senior Deputy District Attorney, Amy Fitch , Senior Deputy District Attorney, Colorado Springs, Colorado, for Plaintiff-Appellant.

The Bussey Law Firm, P.C., Timothy R. Bussey , Colorado Springs, Colorado, for Defendant-Appellee.


¶ 1 The People appeal the district court's order finding that defendant, Patrick Rau, is immune from prosecution under section 18-1-704.5(2)-(3), C.R.S. 2019. Under specified circumstances, the statute prevents prosecution of the occupant of a dwelling who uses deadly physical force against an intruder. Because we conclude...

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