People v. DelGuidice

606 P.2d 840, 199 Colo. 41, 1979 Colo. LEXIS 801
CourtSupreme Court of Colorado
DecidedDecember 24, 1979
Docket28262
StatusPublished
Cited by61 cases

This text of 606 P.2d 840 (People v. DelGuidice) 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.

Bluebook
People v. DelGuidice, 606 P.2d 840, 199 Colo. 41, 1979 Colo. LEXIS 801 (Colo. 1979).

Opinions

JUSTICE ROVIRA

delivered the opinion of the Court.

Michael DelGuidice (the defendant) appeals a jury verdict convicting him of second-degree murder.1 We affirm the conviction.

On September 7, 1977, the defendant left an Aurora bar where he had been drinking. He walked past an apartment house and saw a motorcycle parked in a fenced area. He took the motorcycle and pushed it into the street. The defendant had been observed by a bystander, who alerted residents of the apartment house, including the victim in this case. The victim and several other persons pursued the defendant and overtook him. A confrontation occurred, during which the defendant killed the victim with a knife.

The defendant was arrested and charged with first-degree murder.2 The jury was instructed on that offense as well as the included offenses of [43]*43second-degree murder, manslaughter,3 and criminally negligent homicide.4

This appeal raises the following issues: (1) whether the second-degree murder statute is constitutionally distinguishable from the manslaughter statute; (2) whether the trial court erred in instructing the jury that the affirmative defense of voluntary intoxication was available only to the charge of first-degree murder; and (3) whether the trial court erred in denying a defense request that a tape recording of a statement made by the defendant be played at trial, in its entirety, for the purpose of rehabilitating the defendant’s testimony.

I.

The defendant contends that his conviction under the second-degree murder statute violates his right to equal protection of the law because that statute is indistinguishable from the manslaughter statute. We disagree.

The pertinent distinction between the two statutes is that between the mens rea elements “knowingly” and “recklessly.” These terms are defined, respectively, in sections 18-1-501(6) and 18-1-501(8), C.R.S. 1973 (1978 Repl. Vol. 8), as follows:

“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. A person acts' ‘knowingly’ . . . with respect to a result of his conduct, when he is aware that his conduct is practically certain to cause the result.”
“A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.”

The defendant relies on the rule established in People v. Calvaresi, 188 Colo. 277, 281, 534 P.2d 316, 318 (1975), that “where two statutes with unequal penalties proscribe the same act, the defendant convicted under the harsher statute is denied equal protection of the law.” However, if the two statutes in question require different mens rea elements for conviction, there is no equal protection violation under Calvaresi, supra. People v. Reynolds, 195 Colo. 386, 575 P.2d 1286 (1978).

The distinction between the mens rea elements “knowingly” and “recklessly” mirrors the distinction between practically certain of result on the one hand, and probability or contingency of result on the other. People v. Mingo, 196 Colo. 315, 584 P.2d 632 (1978); Model Penal Code § 2.02, Comment (Tent. Draft No. 4, 1955), at 125. This distinction is one of broad degree, and its articulation is fully satisfactory only when grounded in specific facts. However, we cannot say that the distinction is not “sufficiently apparent to be intelligently and uniformly applied” [44]*44when examined from the perspective of likely impact on a jury in a criminal trial. Calvaresi, supra, 188 Colo. at 282, 534 P.2d at 318; People v. Favors, 192 Colo. 136, 556 P.2d 72 (1976).

In the case before us, eyewitnesses to the homicide testified that the defendant and the victim engaged in a face-to-face confrontation and that the defendant made a sudden move toward the victim, stabbing with his knife directly into the victim’s heart. The jury could properly conclude on the basis of this evidence that the defendant was aware that the death of the victim was “more than merely a probable result” of his actions. That level of awareness is sufficient to establish the mens rea element of second-degree murder and to distinguish that crime from manslaughter. Mingo, supra, 196 Colo. at_, 584 P.2d at 633.

We therefore hold that the second-degree murder statute, section 18-3-103(l)(a), C.R.S. 1973 (1978 Repl. Vol. 8), is constitutionally distinguishable from the manslaughter statute, section 18-3-104(1)(a), C.R.S. 1973 (1978 Repl. Vol. 8), within the rule of Calvaresi, supra.

n.

The second issue raised in this appeal concerns the affirmative defense of voluntary intoxication. The trial court instructed the jury that the defense was available only to the charge of first-degree murder. The defendant challenges this instruction as a denial of due process of law.5

The defendant points out that evidence of his voluntary intoxication was presented to the jury but that the trial court’s instruction precluded the jury from considering that evidence as a defense to the charge of second-degree murder and, specifically, on the issue of whether the defendant acted “knowingly” in causing the death of the victim. The defendant concludes that the instruction lessens the People’s burden of proving him guilty, beyond a reasonable doubt, of every element of the crime charged and therefore constitutes a denial of due process of law and cites In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970, and People v. Kanan, 186 Colo. 255, 526 P.2d 1339 (1974), in support of his argument.6

We note initially that the trial court’s instruction conforms with applicable provisions of the Colorado Criminal Code. Second-degree murder, because it contains the mens rea element “knowingly,” is a general intent crime. Section 18-1-501(6), C.R.S. 1973 (1978 Repl. Vol. 8); People v. Washburn, 197 Colo. 419,_, 593 P.2d 962, 965 (1979). However, [45]*45section 18-1-804(1), C.R.S. 1973 (now in 1978 Repl. Vol. 8), limits the defense of voluntary intoxication to the negation of mens rea in specific intent crimes. Finally, section 18-3-103(2), C.R.S. 1973 (1978 Repl. Vol. 8), provides specifically that “[diminished responsibility due . . . to self-induced intoxication is not a defense to murder in the second degree.”

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Bluebook (online)
606 P.2d 840, 199 Colo. 41, 1979 Colo. LEXIS 801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delguidice-colo-1979.