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Keywords

defendantnegligencestatuteappealtrialbeyond a reasonable doubt

defendantnegligenceappealtrialbeyond a reasonable doubt

Related Cases

People v. Etchells, 646 P.2d 950

Facts

Bambi Jo Etchells was convicted by a jury of introducing contraband in the first degree. She appealed her conviction, arguing that the trial court committed plain error by improperly instructing the jury on the definition of 'knowingly.' The trial court's instruction allowed the jury to convict her based on a lesser degree of culpability, which was not in line with the statutory requirement for the crime.

Defendant, Bambi Jo Etchells, appeals her conviction by a jury of introducing contraband in the first degree.

Issue

Did the trial court commit plain error by improperly instructing the jury on the definition of 'knowingly' in the context of introducing contraband?

Defendant contends that the trial court committed plain error by improperly instructing the jury on the definition of 'knowingly.'

Rule

The mental state of 'knowingly' is an essential element of the crime of introducing contraband, which must be proved beyond a reasonable doubt. The statutory definition requires that the jury find the defendant was 'aware,' not 'should have been aware.'

1 The mental state of 'knowingly' is an element of the crime of introducing contraband in the first degree. Section 18-8-203(1), C.R.S.1973 (1978 Repl. Vol. 8). As an element of the crime it must be proved beyond a reasonable doubt.

Analysis

The court determined that the trial court's instruction equating 'reasonably should be aware' with 'knowingly' allowed the jury to convict Etchells based on negligence rather than the required standard of guilty knowledge. This constituted plain error as it permitted a conviction based on a lesser degree of culpability than what the statute mandates.

The instruction given permitted the jury to find defendant guilty of the offense, not on the basis of a finding of guilty knowledge, but rather for negligence in failing to be aware, a lesser degree of culpability.

Conclusion

The court reversed Etchells' conviction and remanded the case for a new trial due to the improper jury instruction.

The judgment of conviction is reversed and the cause is remanded for a new trial.

Who won?

Bambi Jo Etchells prevailed in her appeal because the court found that the trial court's error in jury instruction constituted plain error, necessitating a new trial.

We reverse and remand for a new trial.

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