Peo v. Young
21CA1789
| Colo. Ct. App. | Aug 15, 2024Background
- Fredrick Stanley Young was convicted by jury of second degree murder for the death of his wife, J.Y., after the two had been drinking, arguing, and engaging in a physical altercation at home.
- Young admitted to killing J.Y. but claimed it was an accident, stating he only intended to restrain her during a struggle and was not provoked to murder.
- The trial court instructed the jury on first degree murder and lesser included offenses but declined a heat of passion mitigator instruction, finding insufficient evidence to support it.
- The jury found Young guilty of second degree murder, and the court sentenced him to forty-four years in prison.
- The mittimus (commitment order) incorrectly stated Young pled guilty rather than being found guilty by a jury, which required correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was a heat of passion instruction required? | No credible evidence of sudden loss of control | Young was provoked by J.Y.'s actions | No instruction required; evidence insufficient |
| Correction of mittimus | N/A (conceded error) | Mittimus should accurately reflect jury verdict | Remanded for correction |
Key Cases Cited
- Cassels v. People, 92 P.3d 951 (Colo. 2004) (sets standard for when a heat of passion instruction should be given)
- Castillo v. People, 2018 CO 62 (Colo. 2018) (standard of review for jury instructions)
- People v. Sepulveda, 65 P.3d 1002 (Colo. 2003) (requirement of sudden, unanticipated loss of self-control for heat of passion)