People v. Oslund
2012 COA 62
| Colo. Ct. App. | 2012Background
- Defendant Jayson Oslund, after a night of heavy drinking, confronted Maez who had allegedly stolen from him; Maez suffered blunt force head injuries and later died.
- Witnesses testified that Oslund returned with a bloody hand and a stick after the confrontation, and Maez’s property was missing at the hospital.
- Maez’s friends sought him and took him to the emergency room where he died from his injuries.
- Oslund was arrested in Nebraska about a month later and charged with first degree murder, felony murder, and aggravated robbery; the jury found him guilty of reckless manslaughter (lesser included), felony murder, and aggravated robbery.
- The trial court sentenced Oslund to life imprisonment without parole, determining the reckless manslaughter and aggravated robbery were lesser included offenses of felony murder.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated robbery | People argues evidence shows intent to injure during theft | Oslund contends no proof of intent to kill, maim, or wound | Evidence sufficient to support intent to kill/maim/wound |
| Sufficiency of evidence for felony murder | People asserts underlying felony (aggravated robbery) supports felony murder | Oslund disputes connection between robbery and killing | affirmed conviction for first degree felony murder on sufficiency review |
| Defense of property instruction | N/A | Requested instruction should have been given | Trial court did not err; instruction not required |
Key Cases Cited
- Goedecke v. People, 730 P.2d 900 (Colo. App. 1986) (whether defense of property applicable when theft completed)
- People v. Scearce, 87 P.3d 228 (Colo. App. 2003) (limits on use of force to prevent theft)
- People v. Munsey, 232 P.3d 113 (Colo. App. 2009) (duty to instruct on affirmative defenses when credible evidence)