People v. Jackson
People v. Jackson
Opinion of the Court
delivered the opinion of the Court.
The appellant was convicted of first-degree assault upon a police officer under section 18-3-202(l)(e), C.R.S. 1973 (now in 1978 Repl. Vol. 8), and of resisting arrest, section 18-8-103, C.R.S. 1973 (now in 1978 Repl.
Jackson now brings an appeal on the limited grounds that he is entitled to a new trial because the jury was not instructed that an unreasonable, but good faith belief that the defendant used force against the police in self-defense is an affirmative defense. The appellant relies on People v. Bramlett, 194 Colo. 205, 573 P.2d 94 (1977), to support this contention.
People v. Estrada. 198 Colo. 198, 601 P.2d 619 (1979), announced contemporaneously with this opinion, reaffirmed Bramlett’s ruling that the divergent penalties of criminally negligent homicide and first-degree assault violate equal protection because both statutes proscribed similar conduct and intent. This limited Bramlett, however, and for the reasons therein expressed, we affirm the judgment of the trial court.
Reference
- Full Case Name
- The People of the State of Colorado v. Lawrence Thomas Jackson
- Status
- Published