People v. Garcia

113 P.3d 775, 2005 WL 1384354
CourtSupreme Court of Colorado
DecidedJune 13, 2005
DocketNo. 03SC675
StatusPublished
Cited by73 cases

This text of 113 P.3d 775 (People v. Garcia) 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. Garcia, 113 P.3d 775, 2005 WL 1384354 (Colo. 2005).

Opinions

BENDER, Justice.

I. INTRODUCTION

We review the court of appeals’ decision in People v. Garcia, 87 P.3d 159 (Colo.App.2003), which reversed Steve David Garcia, Jr.’s convictions for the attempted second degree murder and first degree assault of his wife.

Garcia, an insulin-dependent diabetic, asserted before trial’that he had suffered from hypoglycemia, or low blood sugar level, at the time of the crimes and that he intended to raise involuntary intoxication as an affirmative defense. Hypoglycemia is a medical condition resulting from a diabetic’s ingestion, or injection, of insulin coupled with a failure to eat appropriately. The trial court ruled, as a matter of law, that evidence of Garcia’s hypoglycemic condition could not be presented under the affirmative defense of involuntary intoxication but, rather, could be presented only if Garcia entered a plea of not guilty by reason of insanity. As a result, Garcia entered a plea of not guilty by reason of insanity, abandoning his defense of involuntary intoxication. Pursuant to statute, the court then ordered a mental health examination on the issue of Garcia’s sanity.

As a matter of law, we hold that the medical condition of insulin-induced hypoglycemia may, depending upon the particular facts and circumstances, constitute the affirmative defense of involuntary intoxication. We also hold that insanity and involuntary intoxication are legally separate and distinct defenses. Because the trial court ruled that insulin-induced hypoglycemia cannot constitute involuntary'.intoxication as a matter of law, it committed error. As a result of this improper ruling, the trial court deprived Garcia of the opportunity to meet his burden of going forward with evidence to raise his claimed affirmative defense of involuntary intoxication. Because Garcia was not given the opportunity to introduce evidence to raise this defense, we view the record before us as being limited on this issue. We therefore remand to the trial court to permit both parties to supplement, through offers of proof or evidence, the trial record on the issue of Garcia’s claimed involuntary intoxication defense.

In view of all of the evidence and proffers, the trial court shall determine whether Garcia is entitled to raise the defense of involuntary intoxication for jury consideration. If he is so entitled, the trial court shall conduct a new trial. If the trial court concludes that Garcia has not met his burden of going forward with evidence to raise this defense, then Garcia’s convictions shall be affirmed. Hence, we affirm in part, reverse in part, and remand this case to the court of appeals with directions to return it to the trial court to permit both parties the opportunity to supplement the record.

II. FACTS AND PROCEEDINGS BELOW

Garcia was charged with attempted first degree murder, first degree assault, domestic violence, and two counts of mandatory sentence for violent crimes for allegedly having-hit his wife, Johnie Garcia, on the head with a hammer and then having run over her with a van.

Before trial, Garcia’s counsel informed the court that Garcia would be ■ asserting the affirmative defense of involuntary intoxication because he had suffered from hypoglycemia at the time of the alleged crimes. Hypoglycemia occurs when a diabetic injects, or ingests, insulin and then fails to eat properly. As part of this defense, Garcia’s counsel proposed to call an endocrinologist, Dr. Daniel Bessesen, to testify that Garcia’s injection of insulin on the morning of the alleged crimes, coupled with a lack of food, resulted in his hypoglycemic condition. Defense counsel stated that Dr. Bessesen would testify, based on Garcia’s medical records, that Garcia suffers from diabetes, that he takes insulin for the condition, and that he has had prior occasions of hypoglycemia. According to counsel, Dr. Bessesen would not be able to testify as to whether Garcia was [778]*778hypoglycemic at the time of the crimes. However, counsel stated that Dr. Bessesen would testify as to how hypoglycemia, in general, can affect a person, and coupled with evidence from other sources which would be presented at trial, counsel would be able to establish that Garcia was hypoglycemic at the time of the crimes: “Basically I will have to draw a link between the testimony of Dr. Bessesen and the testimony of the other evidence and other witnesses that I anticipate I will be bringing in about the events of that day.”1 From defense counsel’s description of Dr. Bessesen’s proposed testimony, the trial court concluded that Dr. Bessesen would have testified that Garcia’s hypoglycemia affected his “rational thought processes to a degree [so as to] ... affect the mens rea of the Defendant or his ability to form a specific culpable mental state.” The prosecution requested that the trial court exclude Dr. Bessesen’s testimony, arguing the proposed testimony was tantamount to a “temporary insanity” defense and thus not permitted under Colorado law.

The trial court ruled that, as a matter of law, insulin-induced hypoglycemia could not constitute the affirmative defense of involuntary intoxication, under any circumstance, as that defense is defined by section 18—1— 804(3), C.R.S. (2004). The court also ruled that evidence pertaining to Garcia’s hypoglycemia could be presented only if Garcia entered a plea of not guilty by reason of insanity: “[T]his would be an affirmative defense of impaired mental condition [or insanity] as set forth under [section] 16-8-102.”2

Defense counsel objected, arguing that Garcia was not insane and thus could not enter such a plea: “[Hypoglycemia is] not a mental disease or defect.... I never discussed with Mr. Garcia insanity ... I never discussed with him that that was a potential plea-It doesn’t fit at all in this_[I]f the Court takes the position ... that this is really an IMC/insanity defense, then anything that the defense ever raises to challenge the prosecution’s element of mens rea becomes an insanity defense, and that cannot be.”

The trial court rejected defense counsel’s objection and advised Garcia that if he entered a plea of not guilty by reason of insanity, the court would order him to be psychiat-rically evaluated pursuant to section 16 — 8— 105.5(1), C.R.S. (2004).

Before Garcia entered a plea of not guilty by reason of insanity, his counsel renewed his objection to the trial court’s ruling and expressly noted that the court had made the admission of evidence of Garcia’s hypoglycemia conditional upon the entry of such a plea: “[W]e don’t agree that this is IMC [impaired mental condition], it’s not within the definition of the statute. But the evidence that we want to bring in does challenge the mens rea and my client’s ability to deliberate in this alleged crime.” Following Garcia’s entry of his plea of not guilty by reason of insanity, the trial court ordered him to undergo a mental health examination.

The court-appointed examiner, Dr. Robert Miller, concluded that Garcia had suffered an amnestic disorder due to insulin-induced hypoglycemia at the time of the crimes and that this disorder had caused him to be legally insane. At the request of the prosecution, the court ordered a second mental health evaluation by a second independent court-appointed examiner, Dr. Karen Fukutaki. Contrary to the findings of Dr. Miller, Dr. Fukutaki concluded that Garcia was legally sane at the time of the crimes.

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Cite This Page — Counsel Stack

Bluebook (online)
113 P.3d 775, 2005 WL 1384354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garcia-colo-2005.