People v. Griego
411 P.3d 135
Colo. Ct. App.2015Background
- Defendant drove under the influence on two occasions (Dec 26, 2005 and Oct 7, 2006) and received DUI summonses.
- Investigator Malone conducted an independent investigation and concluded charges should not be filed, but the DA charged two felonies: attempted reckless manslaughter and attempted second degree assault.
- Prosecution used CRE 404(b) evidence of six prior DUI arrests to suggest defendant’s awareness of risk.
- Prosecution’s theory: defendant’s intoxicated driving itself was a substantial step toward the charged offenses, regardless of specific victims.
- Jury convicted him on both counts; court denied motions for acquittal; the court of appeals reversed and remanded for acquittal on all counts.
- Dissent argued the evidence was sufficient to show danger to a discernible victim and that a deadly weapon finding could be supported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence shows an identifiable victim endangered | People | Griego | Insufficient evidence to prove an identifiable victim endangered |
| Whether driving while intoxicated can constitute a substantial step toward recklessly causing death or serious bodily injury | People | Griego | Statutes require place of danger to 'another person'; mere public risk insufficient |
| Whether prior DUI arrests admissible under CRE 404(b) to prove knowledge of risk | People | Griego | Admissibility deemed permissible for proof of awareness of risk; relevant to culpability |
| Whether the vehicle can be used as a deadly weapon given the facts | People | Griego | Use as deadly weapon not proven beyond reasonable doubt by the facts presented |
Key Cases Cited
- Palmer v. People, 964 P.2d 524 (Colo.1998) (state’s intent governs criminal offenses; need for proper victim definition)
- Heywood, 357 P.3d 201 (Colo.App.2014) (insufficient evidence for internet sexual exploitation, informing purpose of statutory interpretation)
- Thomas, 729 P.2d 972 (Colo.1986) (reckless manslaughter as cognizable crime; requires substantial risk to another person)
- Vecellio, 292 P.3d 1004 (Colo.App.2012) (statutory interpretation using ordinary meaning and whole-text approach)
- Jones, 140 P.3d 325 (Colo.App.2006) (sufficiency review; standard for appellate review of evidence)