People v. Gregg
298 P.3d 983
Colo. Ct. App.2011Background
- Defendant William A. Gregg was convicted by jury of three counts of aggravated robbery and adjudicated a habitual criminal; the three robberies occurred in a single city within months of each other.
- In the first robbery, Gregg gave a teller a handwritten note threatening dynamite and demanded cash from the first drawer, then a second drawer, and left on foot.
- In the second robbery, he again used a note threatening shooting and demanded money from two drawers; after the theft, police recovered the note and the stolen money.
- In the third robbery, Gregg used a note threatening to shoot and to put a bullet in a teller’s head, and obtained money from two drawers before departing in a vehicle.
- Police ultimately connected Gregg to all three robberies through identification by tellers and surveillance material, with the second robbery followed by a high-speed chase and arrest.
- The habitual-criminal charge was based on three prior felonies, including California felony burglary; the prosecution sought to prove the California conviction through interstate-probation records provided by a probation officer.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consolidation was proper for trial of the three robberies | State contends offenses were sufficiently similar to consolidate | Gregg argues consolidation risks prejudice and should be severed | Consolidation was proper; no reversible prejudice shown |
| Sufficiency of evidence that weapon was possessed or implied in the second and third robberies | Notes and conduct created reasonable belief of armed status | No direct weapon shown or displayed | Sufficient evidence to support aggravated robbery convictions for the second and third robberies |
| Authenticity and admissibility of California felony-d convictions for habitual-offender proof | California probation documents authentic through CRE 901 and public records | Documents unauthenticated; inadmissible as prior convictions | Probation order admissible; sufficient foundation; documents support California felony conviction for habitual offende |
| Public records exception sufficiency for California conviction proof | Probation order is admissible under CRE 803(8) as a public record | Argues lack of authentication undermines admissibility | Public records exception supports admission of California conviction |
Key Cases Cited
- People v. Owens, 97 P.3d 227 (Colo. App. 2004) (consolidation of offenses allowed where similar within a short span)
- People v. McKibben, 862 P.2d 991 (Colo. App. 1993) (relevance of similarity for consolidation; determinations implicit on record)
- People v. Gross, 39 P.3d 1279 (Colo. App. 2001) (standard for consolidation; evidentiary admissions in consolidated trials)
- People v. Williams, 899 P.2d 306 (Colo. App. 1995) (prejudice not present when offenses would be admissible separately)
- Knight v. People, 167 P.3d 147 (Colo. App. 2006) (upholding consolidation when jury instructed not to mix counts)