v. Valera-Castillo
2021 COA 91
| Colo. Ct. App. | 2021Background
- Victim J.G. testified that defendant Crisoforo Valera-Castillo dragged her into his apartment, cut her hand with a knife, repeatedly struck her, and later strangled her; police arrested him and charged him with multiple counts including second-degree assault and third-degree assault.
- A jury convicted Valera-Castillo of two counts of second-degree assault (with a deadly weapon), three counts of felony menacing, and one count of third-degree assault; he was acquitted of second-degree kidnapping and sentenced to five years.
- During voir dire the prosecutor used a peremptory strike to remove Juror M, the only apparent person of color on the panel; defense counsel raised a Batson-based objection only after the court had read the selected jurors and dismissed the remainder of the venire.
- The trial court declined to sustain the Batson challenge, accepting the prosecutor’s race-neutral explanation (Juror M appeared disinterested/tired), and the jury was sworn and empaneled.
- Defense also argued prosecutorial misconduct: the prosecutor elicited testimony about an alleged February 23 phone call in which defendant offered money/car/apartment to drop charges (claimed by defense to be barred 404(b) evidence and outside the prosecutor’s prior agreement), and that the prosecutor failed to correct allegedly false testimony; defense further argued the third-degree assault conviction merged with a second-degree assault conviction.
- The Court of Appeals held the Batson objection untimely (because the challenged juror had been released), rejected the prosecutorial-misconduct claims as harmless or unsupported, and found the assault convictions did not merge; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Batson challenge | Batson objection was untimely because it was raised after the venire was dismissed and jurors released; court could not remedy by reseating | Objection timely because it was made before trial began and before jury sworn; court should review Batson inquiry | Batson objection untimely — challenge must be raised while peremptorily struck jurors remain available to be reseated; here jurors were released, so no review on merits |
| Prosecutor elicited CRE 404(b) evidence (Feb. 23 phone call/offers) | Testimony admissible (or harmless) and prosecution did not unfairly breach its in limine agreement | Prosecutor elicited inadmissible 404(b) evidence in violation of pretrial rulings and promise not to present that evidence | Even assuming error, admission was harmless given extensive assault evidence and corroborating texts; no reversal |
| Failure to correct allegedly false testimony | No perjury subornation: any inconsistencies were not shown to be knowingly false or material | Prosecutor allowed witness to give testimony inconsistent with prior statements and failed to correct it | No prosecutorial subornation of perjury shown; inconsistencies do not prove knowing falsity; no relief |
| Merger of third-degree assault into second-degree assault | People: convictions based on separate acts (blows to face and later strangling), so no merger | Defendant: third-degree assault was the same act as one second-degree assault and should merge | Convictions do not merge; facts show separate, successive assaults and new volitional departure, so double jeopardy not violated |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishes prohibition on race-based peremptory strikes and remedial framework)
- Ford v. Georgia, 498 U.S. 411 (states may adopt timeliness rules for Batson claims)
- Powers v. Ohio, 499 U.S. 400 (protects venirepersons’ right against racial exclusion and explains litigant standing to object)
- J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (extends equal protection principles in jury selection to gender-based strikes)
- Johnson v. California, 545 U.S. 162 (discusses Batson’s objectives and need for meaningful remedies)
- People v. Mendoza, 876 P.2d 98 (Colo. App. 1994) (earlier Colorado appellate rule that Batson objections must be made before venire dismissal)
- People v. Berreth, 13 P.3d 1214 (Colo. 2000) (jeopardy attaches when jury is sworn)
- People v. Quintano, 105 P.3d 585 (Colo. 2005) (analysis for whether separate offenses are factually distinct for merger/double jeopardy purposes)