2022 COA 84
Colo. Ct. App.2022Background:
- Defendant Taunia Whiteaker entered her husband’s daughter’s grandmother’s unlocked home, a confrontation ensued, and Whiteaker struck family members.
- Charged with second-degree burglary, first-degree criminal trespass, third-degree assault, and harassment; she asserted self-defense at trial.
- A jury convicted Whiteaker on all counts; she appealed raising three primary challenges: (1) that first-degree criminal trespass must merge into second-degree burglary (double jeopardy/merger); (2) that jury instructions should refer to her by name rather than “the defendant”; and (3) that the court erred by including the initial-aggressor language and rejecting her proposed supplemental self-defense instruction.
- The trial court denied the name-request and gave self-defense instructions including the initial-aggressor exception; it rejected the defense supplemental instruction as misleading.
- The Court of Appeals affirmed. A special concurrence argued Reyna-Abarca’s clarified elements test would make trespass a lesser-included offense of burglary (so merger should occur), but concluded any error was not plain.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 1st-degree criminal trespass merges into 2nd-degree burglary (merger/double jeopardy) | People: Garcia is controlling; trespass is not a lesser included offense of burglary | Whiteaker: under Reyna-Abarca’s clarified elements test trespass is a lesser included offense and must merge | Court: Bound by People v. Garcia; no merger (affirmed) |
| Whether jury instructions must refer to defendant by name rather than “the defendant” | People: use of “the defendant” is standard and neutral; court discretion | Whiteaker: referring to “the defendant” undermines presumption of innocence; requested name use | Court: No due process violation; denial not abuse of discretion; COLJI uses “defendant” |
| Whether including initial-aggressor language and rejecting supplemental instruction on insults was error | People: record contains some evidence Whiteaker was initial aggressor; supplemental instruction could confuse jury | Whiteaker: initial-aggressor instruction inappropriate because evidence showed she acted in self-defense; supplemental instruction necessary | Court: Some evidence supported initial-aggressor instruction; rejection of supplemental instruction proper; no error |
Key Cases Cited
- People v. Garcia, 940 P.2d 357 (Colo. 1997) (held first-degree criminal trespass not a lesser included offense of second-degree burglary under the then-controlling test)
- Reyna-Abarca v. People, 390 P.3d 816 (Colo. 2017) (clarified the strict elements/statutory-elements test for lesser-included offenses)
- People v. Rock, 402 P.3d 472 (Colo. 2017) (applied Reyna-Abarca to conclude certain trespass offenses can be lesser-included)
- People v. Denhartog, 452 P.3d 148 (Colo. App. 2019) (court of appeals decision following Garcia on the trespass/burglary merger issue)
- Deck v. Missouri, 544 U.S. 622 (2005) (defendant shackling and the ‘‘garb of innocence’’ due-process principle)
- Castillo v. People, 421 P.3d 1141 (Colo. 2018) (standards for when self-defense and exceptions must be instructed)
- People v. Henderson, 810 P.2d 1058 (Colo. 1991) (explaining merger doctrine and multiple punishments)