Montez v. People
2012 CO 6
| Colo. | 2012Background
- In May 2005 Montez broke into a Lakewood home, ransacked it, took about $150 and a gun case with two unloaded shotguns.
- Police later recovered items traceable to the home, including the gun case with shotguns.
- A jury convicted Montez of two counts of first degree burglary, two counts of possession of a weapon by a previous offender, one theft count, and six habitual counts.
- The court of appeals affirmed but merged the two first-degree burglary convictions into one.
- The issue presented on certiorari was whether stealing a closed case containing two unloaded guns makes one armed with a deadly weapon for first-degree burglary.
- The court now addresses whether a firearm is per se a deadly weapon under the statute and the proper remedy if not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a firearm is a per se deadly weapon under 18-1-901(8)(e). | Prosecution argues firearms are per se deadly weapons because of design. | Montez argues the term refers to defendant's intent, not manufacturer design. | Firearm is not per se deadly weapon; defendant's intent controls. |
| What does the phrase 'intended to be used' modify in the deadly weapon definition? | Prosecution contends it refers to the manufacturer's intended use. | Montez contends it refers to the defendant's intended use. | 'Intended to be used' refers to the defendant's intent, not the manufacturer's. |
| What is the proper relief when the conviction rests on a non-per-se deadly weapon interpretation? | Prosecution seeks reinstatement of first-degree burglary with deadly weapon. | Conviction should be vacated and remanded to second-degree burglary. | Vacate first-degree burglary and remand for entry of second-degree burglary conviction. |
Key Cases Cited
- Bowers v. People, 617 P.2d 560 (Colo. 1980) (deadly weapons by essential nature before 1981 statutory change)
- McPherson v. People, 200 Colo. 429, 619 P.2d 38 (Colo. 1980) (firearms, knives, and bludgeons treated as deadly weapons by statute prior to 1981 change)
- J.D.C. v. Dist. Court, 910 P.2d 684 (Colo. 1996) (dicta on firearm per se deadly weapon in earlier discussions)
- People v. Ross, 831 P.2d 1310 (Colo. 1992) (discussion of deadly weapon definitions in case law)
- Williams v. People, 687 P.2d 950 (Colo. 1984) (statutory interpretation context for deadly weapon language)