Peo v. Freyta-Duran
22CA1444
Colo. Ct. App.Mar 20, 2025Background
- Carla D. Freyta-Duran was convicted by a jury of first degree criminal trespass (of a dwelling) and two counts of third degree assault, following an incident at her former partner Joseph Maynes’s home.
- After an eight-year relationship ended, Freyta-Duran entered Maynes' home—where he lived with his new partner, Regina Deleon—and confronted him about money she believed was stolen by Maynes’s son.
- During the altercation, Freyta-Duran kicked open a bedroom door, threw items, and hit both Maynes and Deleon.
- She was charged with second degree burglary and third degree assault as acts of domestic violence; she was convicted of the lesser offense of criminal trespass and both assault counts.
- On appeal, Freyta-Duran challenged the admission of police testimony, the use of other acts evidence, prosecutorial conduct during closing arguments, and raised cumulative error concerns.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Officer Testimony | Proper investigative testimony, not bolstering. | Officer testimony improperly bolstered victims' accounts. | Testimony allowed; did not improperly bolster. |
| Admission of Other Acts Evidence | No error; evidence was defense-invited through cross-examination. | Reference to attempted car damage was inadmissible other acts. | Error, if any, was invited and not addressed. |
| Prosecutorial Misconduct in Closing Argument | Arguments were based on evidence and permissible rhetoric. | Prosecutor misled jury, improperly vouched, trivialized burden. | No plain error or misconduct found. |
| Cumulative Error | No cumulative error since no individual error found. | Multiple errors denied a fair trial. | Cumulative error doctrine not applicable. |
Key Cases Cited
- Domingo-Gomez v. People, 125 P.3d 1043 (Colo. 2005) (standards for prosecutorial misconduct in closing argument)
- People v. Rector, 248 P.3d 1196 (Colo. 2011) (limits of witness testimony on ultimate issues)
- People v. Davis, 2013 CO 57 (Colo. 2013) (jury’s ability to assess credibility when witnesses testify)
- Howard-Walker v. People, 2019 CO 69 (Colo. 2019) (cumulative error doctrine explanation)