People v. Miller

113 P.3d 743, 2005 WL 1322962
CourtSupreme Court of Colorado
DecidedJune 6, 2005
DocketNo. 04SC414
StatusPublished
Cited by1,573 cases

This text of 113 P.3d 743 (People v. Miller) 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. Miller, 113 P.3d 743, 2005 WL 1322962 (Colo. 2005).

Opinions

Justice KOURLIS

delivered the Opinion of the Court.

A jury convicted the defendant, Michael Miller, of, among other things, first-degree murder (after deliberation) and first-degree felony murder, rejecting Miller’s affirmative defense of involuntary intoxication, and rejecting evidence that Miller’s voluntary intoxication had negated the requisite mental state of first-degree murder (after deliberation). Under the doctrine of merger, the felony murder conviction and the first-degree murder (after deliberation) conviction merged, giving rise to only one sentence. Upon Miller’s appeal, the court of appeals overturned the first-degree murder (after deliberation) conviction, on the basis of instructional error by the trial court. People v. Miller, No. 01CA1026, slip op. at 2, 2004 WL 916226 (Colo.App.2004) (not selected for publication). The court of appeals found plain error in the trial court’s instruction concerning the impact of the defendant’s intoxication on his culpable mental state. It held that the trial court failed to instruct the jury properly that “after deliberation” is a part of the culpable mental state of first-degree murder that can be negated by voluntary intoxication.

On remand, as requested by the People, the court of appeals permitted the People a choice between retrial of the defendant for first-degree murder or entry of a conviction on the lesser included offense of second-degree murder. The People petitioned this court for review of the court of appeals’ decision overturning the first-degree murder conviction, and in addition, requested that the felony murder conviction, rather than the conviction for second-degree murder be reinstated.1

We granted certiorari2 and now reverse. First, we resolve the conflict among our cases concerning the standard of review applicable to allegations of constitutional error in the absence of a contemporaneous objection. We hold that where the defendant fails to object at trial, the plain error standard of review applies. We thereby reserve harmless beyond a reasonable doubt review for those cases in which the defendant preserved his claim for review.

Applying a plain error standard of review in this case, we find no plain error. Plain error occurs only when, after review of the entire record, the appellate court concludes that the error undermined the fundamental fairness of the trial.

Here, in reviewing the entire record, we cannot so conclude. First, the question of voluntary intoxication was not actually contested at trial, in that the defendant did not raise it as his defense. More importantly, we find overwhelming evidence in the record to support the first-degree murder conviction. We therefore reverse the court of appeals’ [746]*746decision overturning the defendant’s first-degree murder (after deliberation) conviction.

Finally, because we overrule the court of appeals’ reversal of the first-degree murder (after deliberation) conviction, we need not reach the second issue presented. Thus, we decline to determine what the law requires when a first-degree murder conviction and felony murder conviction have merged, and the first-degree murder conviction is reversed.

We reverse and remand for reinstatement of the defendant’s first-degree murder (after deliberation) conviction.

I. FACTS

On March 8, 2000, police officers found Loyal Burner’s lacerated body in his Federal Heights, Colorado mobile home. Michael Miller, a close friend, former roommate, and employee of Burner, confessed to killing Burner and subsequently stealing several items from the victim, including his vehicle. The Adams County District Attorney charged the defendant in an information with first-degree murder (after deliberation),3 first-degree felony murder,4 aggravated robbery, three counts of first-degree aggravated motor vehicle theft, vehicular eluding, and theft. Trial was to a jury between January and February of 2001.

The defendant did not testify but, admitting responsibility for the death, he defended on grounds of self-defense to a sexual assault by the victim; involuntary intoxication caused by the victim; or alternatively, actions taken in a rage. In addition, sufficient evidence of self-induced intoxication emerged at trial, entitling him to a diminished capacity instruction, which is the subject of this petition. Evidence of Miller’s defense was introduced through his taped confession and through testimony of witnesses to whom the defendant had given varying versions of the incident. The defendant also proffered expert opinion in support of his defense of involuntary intoxication.

That evidence indicated that Miller had appeared at the victim’s home on the date of the murder after consuming a small amount of methamphetamines. The victim appeared at the door naked and carrying a gun.5 Upon entering the mobile home, Miller said the victim sexually propositioned him, including a request that Miller perform oral sex on the victim. Miller added that the victim pointed the gun at him at that moment though he understood that the act was in jest. Miller said at some point the victim had also demonstrated muffling the sound of a gun shot. The victim returned the weapon to his gun cabinet.

The victim then prepared two drinks for Miller, consisting of vodka and what appeared to be V8. Upon consuming the liquids, Miller said he felt dizzy or “delirious” and could not maintain his composure and balance. He suspected the victim had “slipped him a mickey.”6 Some time later, Miller said he located a hatchet and concealed it from the victim, anticipating that he would later have to use it to defend himself against an impending sexual assault attempt by the victim. He exited the mobile home to “catch some air” or otherwise regain his composure. He re-entered and fell asleep, or blacked out for a period of one to two hours. The defendant said he awoke in the victim’s bedroom but could not recall how he ended up there. The victim was sexually assaulting him at that moment. The victim’s gun was on the dresser, then the victim was either holding it, [747]*747or the gun was nearby the victim. Miller said he “flung” the gun away from the victim and struck him in the neck using his elbow. He then grabbed the hatchet from beneath the bed and levied several blows .to the victim’s head while the victim was “scuffling” with Miller. Miller hid behind the door and waited for the victim to bleed to death. He then used a flashlight to locate several of-the victim’s belongings, including the hatchet, several hundred dollars in cash, titles, a VCR, tools, walkie talkies, and a gun collection, all of which he placed in a box and carried to the victim’s truck. He drove away in the victim’s truck.

Autopsy results revealed that the victim was struck four times in the same location of his head and that he .died in the early morning hours of March 5, 2000. The forensic pathologist testified that the location of the victim’s wounds was consistent with his being in a stationary position when struck and therefore not “scuffling.”7 Also, although the defendant told police that the victim had made him perform oral sex on the victim while he, Miller, was unconscious, DNA tests did not discover the defendant’s saliva DNA on the victim.

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Cite This Page — Counsel Stack

Bluebook (online)
113 P.3d 743, 2005 WL 1322962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-colo-2005.