People v. Palomo
272 P.3d 1106
Colo. Ct. App.2011Background
- Palomo was convicted by jury of vehicular eluding, § 18-9-116.5, C.R.S. 2010 (class 5 felony), and eluding or attempting to elude a police officer, § 42-4-141.8, C.R.S. 2010 (class 2 traffic offense).
- The trial court denied his challenge for cause to a prospective juror; refused duress instructions; and awarded prosecution costs totaling $2,379.65.
- Defendant argues these errors require reversal or modification, including improper jury bias handling, failure to instruct on duress, and inappropriate costs allocation.
- On appeal, the court affirms the conviction, vacates the costs order, and remands for cost-allocation consistent with its ruling on costs.
- The record includes extensive discussion of damages, the scope of the duress defense, and the statutory framework for costs of prosecution.
- The decision discusses multiple authorities on challenges for cause, duress, and costs allocation in multi-count prosecutions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Challenge for cause denial | TJ was biased against defendants; questioned about mental state. | Trial court failed to remove an biased juror for cause. | No abuse of discretion; no reversible bias found. |
| Duress instruction | Evidence showed immediate threat and lack of escape evidence. | No credible evidence of duress; threats not shown. | No entitlement to duress instruction; no error. |
| Costs of prosecution allocation | Costs should reflect all counts prosecuted. | Costs should be limited to counts defendant was convicted of. | Costs order vacated; remand for proper allocation by relating costs to convicted counts. |
Key Cases Cited
- Carrillo v. People, 974 P.2d 478 (Colo.1999) (challenge-for-cause standard; abuse of discretion review)
- People v. Richardson, 58 P.3d 1039 (Colo.App.2002) (credibility and impartiality in voir dire)
- People v. Strean, 74 P.3d 387 (Colo.App.2002) (jury instructions; culpable mental state elements)
- People v. Garcia, 113 P.3d 775 (Colo.2005) (affirmative defenses; evidence required for instruction)
- Cassels v. People, 92 P.3d 951 (Colo.2004) (standard for entitlements to jury instructions; light most favorable)
- Bailey v. People, 630 P.2d 1062 (Colo.1981) (threshold duress requirements; immediate threat analysis)
- United States v. Palmer, 809 F.2d 1504 (11th Cir.1987) (allocation of costs for unrelated counts; not all costs when acquitted)