Opinion
23SC848
04-15-2024
The People of the State of Colorado, Petitioner v. Roger O. McPherson, Respondent
Court of Appeals Case No. 20CA506
Petition for Writ of Certiorari DENIED.
JUSTICE MÁRQUEZ and JUSTICE SAMOUR would grant as to the following issues:
Whether the court of appeals violated this Court's holding in People v. Vigil, 2021 CO 46, by (1) focusing on indicia of the victim's injury rather than the actual injury, and (2) requiring specific testimony to establish "substantial risk," in finding insufficient evidence of serious bodily injury as to first-degree assault.
Whether the court of appeals reweighed the evidence and failed to draw all reasonable inferences in favor of the prosecution in finding insufficient evidence of serious bodily injury as to first-degree assault.