Colorado v. Griego

by
Respondent Isidore Griego was charged with attempted reckless manslaughter and attempted second degree assault arising out of two incidents in which Griego drove drunk, but due to traffic conditions at the time of the incidents, did not ultimately put any particular persons at risk. The issue this case presented for the Colorado Supreme Court’s review centered on whether the requirement in the attempted reckless manslaughter and attempted second degree assault statutes that a defendant place “another person” at risk of death or serious bodily injury necessitates that an actual, discernible person be placed at risk, or if “another person” can refer to the public at large. The Court concluded the statutes at issue required a showing of a risk to an actual, discernible person and that a risk to the public at large was insufficient. “Holding otherwise would leave the statutes without a clear limiting principle and would raise equal protection concerns.” Accordingly, the Court held the court of appeals correctly determined that the evidence did not support Griego’s convictions for attempted reckless manslaughter and attempted second degree assault. View "Colorado v. Griego" on Justia Law