People v. Douglas

2012 COA 57, 296 P.3d 234, 2012 WL 1231807, 2012 Colo. App. LEXIS 549
CourtColorado Court of Appeals
DecidedApril 12, 2012
DocketNo. 09CA0781
StatusPublished
Cited by212 cases

This text of 2012 COA 57 (People v. Douglas) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Douglas, 2012 COA 57, 296 P.3d 234, 2012 WL 1231807, 2012 Colo. App. LEXIS 549 (Colo. Ct. App. 2012).

Opinion

Opinion by

Judge MILLER.

T1 Defendant, Craig A. Douglas, appeals the judgment of conviction entered on jury verdicts finding him guilty of attempted sexual assault on a child, enticement of a child, Internet luring of a child, Internet sexual exploitation of a child, and solicitation to commit sexual assault on a child by one in a position of trust. He also appeals his sentence.

12 As issues of first impression, we conclude that:

@The prosecution presented insufficient evidence to support the Internet luring of a child and Internet sexual exploitation of a child convictions under a com[240]*240plicity theory because there was no evidence that the undercover agent with whom defendant was allegedly complicit committed the crimes, and
e One may be guilty of enticement by inviting or persuading a child to enter a room within the child's home with the pro-seribed intent.

Accordingly, the judgment and sentences are vacated as to defendant's convictions on the Internet counts, but we affirm as to all other counts and sentences.

I. Background

T3 Defendant, a resident of Pennsylvania, began communicating via the Internet and the telephone with an undercover officer in Colorado who held herself out as "Marsha" (mother), the twenty-eight-year-old mother of "Melissa" (daughter), a nine-year-old girl. Mother indicated to defendant that she would make daughter available to him for sex. Over the next ten days, defendant and mother communicated over the Internet and telephone and via text message regarding defendant's desire to come to Colorado to establish a sexual relationship with both mother and daughter. Defendant arranged to travel to Colorado, and he was arrested when he arrived.

T4 Following a trial, a jury found defendant guilty of each of the five counts. The trial court sentenced defendant to consecutive sentences of ten years to life on the enticement, Internet luring of a child, Internet sexual exploitation of a child, and solicitation counts, as well as a concurrent sentence of three years on the attempt count.

T5 On appeal, defendant argues that (1) there was insufficient evidence to support four of his convictions, (2) the trial court erred in instructing the jury on complicitor liability, (8) the trial court improperly admitted certain evidence and expert testimony at trial, (4) improper conduct by the prosecutor at trial requires reversal, (5) the trial court erred in imposing consecutive sentences, and (6) the attempt conviction merges into the solicitation conviction. We agree in part with his first contention, and we reject the others.

II. Sufficiency of the Evidence

T6 Defendant contends that the convie-tions for (1) Internet luring of a child, (2) Internet sexual exploitation of a child, (8) enticement of a child, and (4) solicitation must be vacated because the prosecution failed to present sufficient evidence to prove the elements of each offense beyond a reasonable doubt. We agree that there was insufficient evidence to support his conviction on the two Internet counts but conclude that the evidence was sufficient to support his convictions for enticement and solicitation.

A. Standard of Review

17 In reviewing a sufficiency claim, we view the evidence in the light most favorable to the prosecution. People v. Oram, 217 P.3d 883, 887 (Colo.App.2009), aff'd, 255 P.3d 1032 (Colo.2011). We then evaluate whether the evidence is sufficient to allow a reasonable person to conclude that the defendant is guilty beyond a reasonable doubt on the elements of the offense charged. Id. When the prosecution fails to present sufficient evidence of the offense charged, double jeopardy prevents the prosecution from again trying the accused on the charge. People in Interest of H.W., 226 P.3d 1134, 1138 (Colo.App.2009).

18 To the extent that defendant's arguments turn on a question of statutory interpretation, our review is de novo. People v. Vecellio, 2012 COA 40, ¶ 13, 292 P.3d 1004. In construing a statute, we must effectuate the intent of the General Assembly, which is charged with defining criminal conduct and establishing the legal components of a crime. Id. at ¶ 14. We begin with the plain language of the statute, reading the words and phrases in context and construing them according to their common usage. Id. If the statutory language is clear and unambiguous, we apply it as written without resort to further statutory analysis. Id.

B. Internet Counts

9 Defendant first argues that there was insufficient evidence supporting his convie-tions for Internet luring of a child and Internet sexual exploitation of a child because [241]*241there was no evidence that defendant himself committed the crimes or that he acted as an accomplice to a principal who committed the crimes. We agree.

T10 As relevant here, an actor commits the crime of Internet luring of a child if

the actor knowingly communicates over a computer or computer network [or] telephone network ... to a person who[m] the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication ... de-seribes explicit sexual conduct ... and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose....

§ 18-3-806(1), C.R.S.2011. Section 18-8-405.4(1), C.R.S.2011, provides, in relevant part, that an actor commits the crime of Internet sexual exploitation of a child if

the actor knowingly importunes, invites, or entices through communication via a computer network or system [or] telephone network ... a person whom the actor knows or believes to be under fifteen years of age ... to:
(a) Expose or touch the person's own or another person's intimate parts while communicating with the actor via a computer network or system [or] telephone network l..; or
(b) Observe the actor's intimate parts via a computer network or system [or] telephone network....

[ 11 During closing argument, the prosecutor admitted that there was no "direct proof that [defendant] talked dirty to the child either on the computer or on the telephone." Accordingly, the prosecutor relied exclusively on a theory of complicitor liability, arguing that defendant and mother were "complici-tors in using this computer in order to arrange the sexual liaison with the child."

112 Complicity is a theory whereby a defendant is legally accountable for a erimi-nal offense committed by another person. Grissom v. People, 115 P.3d 1280, 1283 (Colo.2005); Bogdanov v. People, 941 P.2d 247, 250 (Colo.1997), abrogated on other grounds by Griego v. People, 19 P.3d 1, 8 (Colo.2001). To be liable as an accomplice, an actor must aid, abet, advise, or encourage another person in planning or committing a crime with the intent to promote or facilitate commission of the crime. See § 18-1-603, C.R.S.2011. Accordingly, to convict a defendant of complicity, it is necessary for the prosecution to prove that the underlying crime was committed. See Shuttlesworth v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Peo v. Santiago
Colorado Court of Appeals, 2026
Peo v. Juranek
Colorado Court of Appeals, 2026
Peo v. Monte
Colorado Court of Appeals, 2026
Peo v. McKinley
Colorado Court of Appeals, 2025
Peo v. Brown
Colorado Court of Appeals, 2025
Peo v. Alvarez Velasquez
Colorado Court of Appeals, 2025
The People of the State of Colorado v. Robert Keith Ray.
2025 CO 42 (Supreme Court of Colorado, 2025)
Peo v. Rizo
Colorado Court of Appeals, 2025
Peo v. Matthews
Colorado Court of Appeals, 2025
Peo v. Wittman
Colorado Court of Appeals, 2025
Peo v. Peters
Colorado Court of Appeals, 2025
Peo v. Dockins
Colorado Court of Appeals, 2025
Peo v. Hernandez Flores
Colorado Court of Appeals, 2024
Peo v. Dalton
Colorado Court of Appeals, 2021
v. Alemayehu
2021 COA 69 (Colorado Court of Appeals, 2021)
v. Neckel
2019 COA 69 (Colorado Court of Appeals, 2019)
v. Denhartog
2019 COA 23 (Colorado Court of Appeals, 2019)
v. Jamison
2018 COA 121 (Colorado Court of Appeals, 2018)
People v. Fortson
2018 COA 46 (Colorado Court of Appeals, 2018)
People v. Faussett
2016 COA 94 (Colorado Court of Appeals, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2012 COA 57, 296 P.3d 234, 2012 WL 1231807, 2012 Colo. App. LEXIS 549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-douglas-coloctapp-2012.