Garcia v. Colorado

Defendant Juvenal Onel Garcia was subject to a restraining order from contacting C.G. Almost two years after the issuance of the restraining order, Garcia allegedly attempted to sexually assault C.G. Based on events related to that criminal episode, a jury convicted Garcia of first degree burglary, attempted sexual assault, unlawful sexual contact, third degree assault, violation of a protection order, and obstruction of telephone service. Garcia appealed, raising two unpreserved claims: (1) the trial court improperly instructed the jury regarding the sexual assault charge; and (2) the trial court improperly instructed the jury regarding the force sentence enhancer related to his attempted sexual assault conviction. The Colorado Supreme Court agreed with the appeals court that any error regarding the sexual assault instruction did not require reversal, because Garcia failed to show that any error so undermined the fundamental fairness of the trial itself as to cast serious doubt on the reliability of Garcia’s convictions. Because the Supreme Court resolved this issue based on lack of prejudice, it did not reach the question of whether the obviousness of an error should have been assessed at the time of trial or at the time of direct appeal. The Court also concluded the force sentence enhancer did not include a mens rea requirement, and, therefore, there was no error with respect to that instruction. View "Garcia v. Colorado" on Justia Law