People v. Faussett
2016 COA 94
Colo. Ct. App.2016Background
- The People charged Wesley Faussett with aggravated motor vehicle theft in the first degree for stealing a Honda PCX150 scooter.
- Police used GPS surveillance to track a stolen pickup driven by an associate, leading to multiple locations including a storage unit.
- During custody, the driver and others communicated with defendant and the girlfriend about disposing of or selling the scooter.
- Evidence at trial included: storage-unit rental by the girlfriend, license plates found in her unit, and surveillance photos of people moving a scooter into a pickup.
- The girlfriend testified that defendant admitted going to remove the bike from the storage unit and damaging its lock; defendant presented no defense witnesses.
- The jury convicted, and the trial court sentenced defendant to six years’ imprisonment and three years’ parole.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuance denial prejudiced defendant? | Alleged no new exculpatory information justified delay. | Continued interview of the girlfriend required more preparation. | No abuse of discretion; no prejudice shown. |
| Conflict of interest and need for new counsel? | Record shows potential for effective representation. | Court should have sua sponte appoint conflict-free counsel. | No substantial breakdown in counsel relationship; no substitution required. |
| Admissibility of co-conspirator calls under CRE 801(d)(2)(E)? | Calls were in furtherance of a conspiracy to steal and sell scooter. | Some calls were not in furtherance or ongoing conspiracy. | Error as to third and fourth calls; harmless under circumstances. |
| Harmlessness of wrongly admitted statements? | Incorrect calls contributed to conviction. | Admission affected the outcome. | Harmless error; evidence otherwise strong; conviction affirmed. |
Key Cases Cited
- People v. Alley, 232 P.3d 272 (Colo. App. 2010) (abuse of discretion standard for continuance denial)
- People v. Smith, 275 P.3d 715 (Colo. App. 2011) (continuance and preparedness analysis)
- People v. Rivers, 727 P.2d 394 (Colo. App. 1986) (new information not unearthed; no abuse of discretion)
- Johnson v. People, 172 Colo. 72, 470 P.2d 37 (1970) (defendant cooperation and trial readiness)
- United States v. Lott, 310 F.3d 1231 (10th Cir. 2002) (total breakdown in communication standard for withdrawal of counsel)
- Blecha v. People, 962 P.2d 931 (Colo. 1998) (conspiracy duration and continuing aims; post-objective conspiracy needs)
- People v. Rivera, 56 P.3d 1155 (Colo. App. 2002) (co-conspirator statements require corroboration apart from contents)
- Kahan, 572 F.2d 923 (2d Cir. 1978) (continuation of conspiracy; proceeds consideration)
- Williams v. United States, 655 A.2d 310 (D.C. 1995) (conspiracy duration and proceeds as ongoing objective)
- TarRantino, 846 F.2d 1384 (D.C. Cir. 1988) (furtherance of conspiracy can be shown by encouraging or advancing aims)