(Download) "People v. Beebe" by Colorado Court of Appeals No. 75-567 " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Beebe
- Author : Colorado Court of Appeals No. 75-567
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
The defendant, Debbie Sue Beebe, was charged in separate counts with first degree assault and aggravated robbery. Based on the insufficiency of the evidence to establish serious bodily injury, the trial court reduced the charge of first degree assault to second degree assault. The jury found the defendant guilty of both aggravated robbery and second degree assault. Prior to sentencing, the trial court vacated the second degree assault verdict, and thereafter sentenced the defendant, on the aggravated robbery conviction, to the Women's Correctional Institution for an indeterminate term not to exceed eight years. We affirm. The defendant argues that the failure of the trial court to instruct the jury that self-defense is an affirmative defense to the crime of aggravated robbery was plain error. The attorney general points out that the defendant's failure to object to the instructions given, to tender proposed instructions, and to specify this alleged error in the motion for new trial ordinarily precludes review. See People v. Jones, Colo. , 551 P.2d 706 (1976); People v. Horrocks, 190 Colo. 501, 549 P.2d 400 (1976); Crim. P. 30 and 33. However, the contention that a defendant has been deprived of an affirmative defense, if meritorious, is plain error. See People v. Meller, 185 Colo. 389, 524 P.2d 1366 (1974); Crim. P. 52(b). We therefore consider the merits of defendant's contention.