Opinion
22SC673
04-17-2023
Taunia Marie Whiteaker, Petitioner v. The People of the State of Colorado Respondent
Court of Appeals Case No. 20CA1339
Petition for Writ of Certiorari GRANTED.
Whether the clarified elements test announced in Reyna-Abarca v. People, 2017 CO 15, 390 P.3d 816, and applied in People v. Rock, 2017 CO 84, 402 P.3d 472, abrogated the holding in People v. Garcia, 940 P.2d 357 (Colo. 1997), as modified on denial of reh'g (Aug. 4, 1997), that first degree trespass of a dwelling is not a lesser-included offense of second degree burglary.
DENIED AS TO ALL OTHER ISSUES.