Heller v. People

Supreme Court of Colorado

Heller v. People

712 P.2d 1023, 1986 Colo. LEXIS 497

CourtSupreme Court of Colorado

DecidedJanuary 31, 1986

Docket84SC394

StatusPublished

Cited by12 cases

This text of 712 P.2d 1023 (Heller v. People) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heller v. People, 712 P.2d 1023, 1986 Colo. LEXIS 497 (Colo. 1986).

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Opinion

PER CURIAM.

We granted certiorari to consider the decision of the court of appeals in Heller v. People, 698 P.2d 1357 (Colo.App.1984), which affirmed the conviction of the defendant, Richard G. Heller, on four counts of securities fraud. One of the issues on which we granted certiorari was whether the trial court erred in instructing the jury that good faith is not a defense to the charge of fraudulent and other prohibited practices in the sale of securities.

In People v. Riley, 708 P.2d 1359 (Colo.1985), we held that such an instruction was erroneous and irreconcilable with the requisite culpability for a securities fraud violation. Our holding in Riley is controlling here and requires that the judgment of the court of appeals be reversed. With respect to the other issue on which the writ of certiorari issued, we now discharge the writ as improvidently granted.

The judgment is accordingly reversed, and this case is returned to the court of appeals with directions to remand the case to the district court for a new trial.

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PER CURIAM.

We granted certiorari to consider the decision of the court of appeals in Heller v. People, 698 P.2d 1357 (Colo.App.1984), which affirmed the conviction of the defendant, Richard G. Heller, on four counts of securities fraud. One of the issues on which we granted certiorari was whether the trial court erred in instructing the jury that good faith is not a defense to the charge of fraudulent and other prohibited practices in the sale of securities.

In People v. Riley, 708 P.2d 1359 (Colo.1985), we held that such an instruction was erroneous and irreconcilable with the requisite culpability for a securities fraud violation. Our holding in Riley is controlling here and requires that the judgment of the court of appeals be reversed. With respect to the other issue on which the writ of certiorari issued, we now discharge the writ as improvidently granted.

The judgment is accordingly reversed, and this case is returned to the court of appeals with directions to remand the case to the district court for a new trial.

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712 P.2d 1023, 1986 Colo. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heller-v-people-colo-1986.

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