People v. Wood
Colorado Court of Appeals
230 P.3d 1223 (2009)
David Henry Wood (defendant) shot and killed a man in his apartment after learning that methamphetamine the man and his girlfriend offered to sell him was fake. Wood was charged with first-degree murder and moved before trial to dismiss under Colorado's 'make-my-day' statute, which the trial court denied; at trial he raised both self-defense and the make-my-day defense, but the jury rejected both and convicted him of manslaughter. Wood appealed, challenging both the pretrial denial and the sufficiency of the evidence supporting the verdict.
Whether a defendant may obtain appellate review of a trial court's pretrial denial of immunity under Colorado's 'make-my-day' statute, and whether sufficient evidence supported the jury's rejection of that defense at trial.