Lawwly

People v. Thomas

Colorado Supreme Court

729 P.2d 972 (1986)

Relevant factsFree

After a former girlfriend told Thomas (defendant) she had been raped by a neighbor, Thomas armed himself, falsely posed as a police officer to enter the neighbor's apartment, took him to confront the girlfriend for identification, and when the man tried to flee, fired three shots, hitting him twice. Thomas was convicted of first-degree assault and attempted reckless manslaughter; the court of appeals upheld the assault conviction but reversed the reckless-manslaughter attempt conviction, reasoning Colorado did not recognize such an offense because attempt requires intent while recklessness is inherently unintentional.

IssueFree

Whether a defendant can be convicted of attempt to commit a crime whose underlying mental state is recklessness rather than intent.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases