Gorman v. People

38 Citing cases

  1. People v. Salazar

    2023 CA 102 (Colo. App. 2023)

    ¶ 10 "In interpreting a statute, we give effect to the intent of the legislature." Gorman v. People, 19 P.3d 662, 665 (Colo. 2000). To do so, "[w]e begin with the plain language of the statute, reading the words and phrases in context and construing them according to their common usage."

  2. People v. Manzo

    144 P.3d 551 (Colo. 2006)   Cited 25 times
    Holding that a statute prohibiting leaving the scene of an accident was a strict liability crime

    "The power to define criminal conduct and to establish the legal components of criminal liability is vested in the General Assembly." Gorman v. People, 19 P.3d 662, 665 (Colo. 2000). Thus, in construing the meaning of a statute, we must determine and give effect to the legislature's intent.

  3. People v. Coleby

    34 P.3d 422 (Colo. 2001)   Cited 18 times
    Holding that a criminal statute that required an "actual knowledge" mental state as to one element of the crime imposed a "knowingly" mens rea to all elements of that crime

    Thus, the mental state of "knowingly" applies not only to the second prong of the statute, but also to the first, conduct, prong. This case is distinguishable from People v. Gorman, 19 P.3d 662 (Colo. 2000) and Copeland v. People, 2 P.2d 1283 (Colo. 2000) in which we considered the applicability of section 18-1-503(4). In Gorman, we ruled that section 18-1-503(4) was inapplicable to the contributing to the delinquency of a minor statute as the General Assembly did not specify a culpable mental state in the statute.

  4. People v. Wartena

    296 P.3d 136 (Colo. App. 2012)   Cited 17 times
    Noting that Colorado cases have not conclusively established the standard of appellate review applicable to denials of lesser non-included offense instructions, but concluding that whether the record contains evidentiary support for such an instruction is a factual inquiry reviewed for an abuse of discretion

    “The power to define criminal conduct and to establish the legal components of criminal liability is vested in the General Assembly.” Id. (quoting Gorman v. People, 19 P.3d 662, 665 (Colo.2000)). Accordingly, when determining the meaning of a statute, we must discern and give effect to the legislature's intent.

  5. People v. Manzo

    114 P.3d 78 (Colo. App. 2005)   Cited 2 times
    In People v. Manzo, 114 P.3d 78 (Colo.App. 2005), a two judge majority of the court of appeals held that the trial court failed to provide an adequate advisement.

    "Rather, the requisite mental state may be implied from the statute." Gorman v. People, 19 P.3d 662, 665 (Colo. 2000); People v. Gross, 830 P.2d 933, 942 (Colo. 1992).

  6. People v. Hoskay

    87 P.3d 194 (Colo. App. 2004)   Cited 19 times
    Holding no abuse of discretion when the prospective juror "had a religious objection to homosexuality and admitted that if she were in defendant's position, she would be concerned about having a person such as herself on the jury" but said "she would ‘judge solely upon the evidence that's presented’ and ‘would never send someone [to prison] for something [she] did not feel ... they committed just based upon some feelings that [she had] about certain subjects' " (alterations in original)

    In interpreting a statute, we must give effect to the intent of the General Assembly, which is vested with the power to define criminal conduct and to establish the legal components of criminal liability. Generally, to subject a person to criminal liability, there must be concurrence of the actus reus, an unlawful act, and the mens rea, a culpable mental state.Gorman v. People, 19 P.3d 662, 665 (Colo. 2000). Legislative silence on the element of intent in a criminal statute is not to be construed as an indication that no culpable mental state is required.

  7. Hoeck v. Timme

    Civil Action No. 13-cv-00498-WJM (D. Colo. Sep. 19, 2013)

    A person is guilty of contributing to the delinquency of a minor under section 18-6-701(1), C.R.S. 2008, when he or she knowingly "induces, aids, or encourages a child to violate any federal or state law, municipal or county ordinance, or court order." Gorman v. People, 19 P.3d 662, 665 (Colo. 2000). A person acts "knowingly" with respect to conduct or to a circumstance described by a statute defining an offense when he is aware that his conduct is of such nature or that such circumstance exists.

  8. State v. 5 Star Feedlot, Inc.

    486 P.3d 250 (Colo. 2021)   Cited 8 times

    And Marcy keeps good company. See, e.g., Gorman v. People, 19 P.3d 662, 665 (Colo. 2000) (referring to "the actus reus" as "an unlawful act"); Hendershott v. People, 653 P.2d 385, 390 (Colo. 1982) (same); People v. Hoskay, 87 P.3d 194, 198 (Colo. App. 2003) (same). ¶29 We have made similar declarations in other cases.

  9. People v. Roggow

    318 P.3d 446 (Colo. 2014)   Cited 10 times
    Concluding that categories enumerated in sexual assault statute "reflect the General Assembly's overarching intent to target those offenders who are entrusted with special access to a child victim and who exploit that access to commit an offense against the child"

    Build It & They Will Drink, Inc. v. Strauch, 253 P.3d 302, 304 (Colo.2011); Gorman v. People, 19 P.3d 662, 665 (Colo.2000). We begin with the plain language of the statute, reading the words and phrases in context and construing them according to their common usage. Strauch, 253 P.3d at 304. If the statutory language is clear and unambiguous, we apply it as written without resort to further statutory analysis.

  10. People v. Roggow

    Supreme Court Case No. 11SC597 (Colo. Dec. 9, 2013)

    Build It & They Will Drink, Inc. v. Strauch, 253 P.3d 302, 304 (Colo. 2011); Gorman v. People, 19 P.3d 662, 665 (Colo. 2000). We begin with the plain language of the statute, reading the words and phrases in context and construing them according to their common usage. Strauch, 253 P.3d at 304. If the statutory language is clear and unambiguous, we apply it as written without resort to further statutory analysis.