People v. Samson

2012 COA 167, 302 P.3d 311, 2012 WL 4829495, 2012 Colo. App. LEXIS 1647
CourtColorado Court of Appeals
DecidedOctober 11, 2012
DocketNo. 10CA2544
StatusPublished
Cited by685 cases

This text of 2012 COA 167 (People v. Samson) 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. Samson, 2012 COA 167, 302 P.3d 311, 2012 WL 4829495, 2012 Colo. App. LEXIS 1647 (Colo. Ct. App. 2012).

Opinion

Opinion by

Judge GABRIEL.

T1 Defendant, Xavier Aguilera Samson, appeals his convictions for theft-$1,000-$20,000-series and conspiracy to commit theft-$1,000-$20,000-series. We conclude that the trial court did not abuse its discretion in denying Samson's challenge for cause and perceive no misconduct in the prosecution's closing argument. According ly, we affirm Samson's conviction for theft. In addition, as an apparent matter of first impression in Colorado, we conclude that to prove a conspiracy to commit theft-$1,000-$20,000-series, the prosecution is not required to prove that the co-conspirators agreed on the actual value of the items to be stolen. Rather, for purposes of criminal liability, as opposed to sentencing, the prosecution need only prove that the defendant agreed to engage in the conduct constituting the crime of theft. Accordingly, we also affirm Samson's conspiracy conviction.

I. Background

T2 The prosecution's evidence at trial showed that Samson was or had been roommates with Juan Lopez-Cabello, who, along with Nicolas DelPapa, served as a cashier at Clark's Market, a grocery store in Pitkin County.

T3 On March 7, 2010, Samson visited Clark's and checked out at DelPapa's aisle. DelPapa testified that Samson's appearance at his checkout lane was not unexpected, because Lopez-Cabello had told him that Samson would be coming by the store to get some things. DelPapa understood this to mean that he was to allow Samson to proceed through checkout and take his goods without paying for them. DelPapa proceeded accordingly, and Samson took $820.49 worth of groceries and other goods.

T 4 The following day, Samson returned to Clark's and checked out at Lopez-Cabello's aisle. Lopez-Cabello allowed Samson to take $947.48 worth of goods without paying for them.

1 5 The People eventually charged Samson with theft-$1,000-$20,000-series and conspiracy to commit theft-$1,000-$20,000series, and the matter proceeded to trial.

1 6 During voir dire, Juror B indicated that he knew a detective endorsed by the prosecution (who ultimately did not testify at trial), as well as other law enforcement officers in the community. He further stated that he trusted these officers and would find it hard to doubt their word if they told him something.

T7 The prosecutor and defense counsel then questioned Juror B extensively about his ability to be fair and to follow the law and the court's instructions. Thereafter, Samson challenged Juror B for cause, but the trial court denied the challenge, finding that (1) the juror indicated that he could render a verdict inconsistent with the testimony of the detective whom he knew; (2) the juror was "confident and direct in his comments that he could in fact follow the law and apply the applicable burden of proof"; and (8) the totality of the juror's voir dire did not support striking him for cause. Samson subsequent ly used a peremptory challenge to strike [314]*314Juror B and exhausted all of his peremptory challenges.

T8 The trial proceeded, and at the conclusion of the prosecution's case, Samson moved for a judgment of acquittal on both charges. The trial court denied that motion.

19 The jury ultimately convicted Samson as charged, and he now appeals.

IL Challenge for Cause

110 Samson first contends that the trial court erred in denying his challenge for cause to Juror B. We are not persuaded.

A. Standard of Review and Applicable Law

{11 A fair trial is a basic requirement of due process, and the right to challenge a juror for cause is an integral part of a fair trial. People v. Wilson, 114 P.3d 19, 21 (Colo.App.2004). To ensure a defendant's right to a fair trial with an impartial jury, a trial court must exeuse biased or prejudiced persons from the jury. Id. This requirement is codified in section C.R.S. 2012, which requires a court to sustain a challenge for cause when "[the existence of a state of mind in the juror evinc[es] enmity or bias toward the defendant or the state." Accord Crim. P. 24(b)(1)(X).

112 Specifically, a trial court must grant a challenge for cause if, among other things, a prospective juror is unwilling or unable to accept the basic principles of criminal law and render a fair and impartial verdict based on the evidence admitted at trial and the court's instructions. Wilson, 114 P.3d at 21. Similarly, if the trial court has genuine doubt about the prospective juror's ability to be impartial, it should ordinarily resolve the doubt by sustaining the challenge. People v. Luman, 994 P.2d 432, 435 (Colo.App.1999).

Conversely,
no person summoned as a juror shall be disqualified by reason of a previously formed or expressed opinion with refer-enee to the guilt or innocence of the accused, if the court is satisfied, from the examination of the juror or from other evidence, that he will render an impartial verdict according to the law and the evidence submitted to the jury at the trial.

§ 16-10-103(1)(j); accord Crim. P. 24(b)(1)(X).

€13 Applying these principles in appeals involving challenges for cause, divisions of this court have recognized that a juror is not automatically disqualified merely because the juror expresses some doubt as to his or her ability to be impartial. People v. Arko, 159 P.3d 713, 722 (Colo.App.2006), rev'd on other grounds, 183 P.3d 555 (Colo.2008); People v. Ward, 673 P.2d 47, 49 (Colo.App.1983). Additionally, although a juror's close associations with law enforcement may be indicia of bias, such connections are not alone sufficient to require dismissal for cause. See People v. Roldan, - P.3d -, -, 2011 WL 174248 (Colo.App.2011) (cert. granted Feb. 13, 2012). Rather, the trial court must consider a combination of factors, evaluating not only such relationships, but also a juror's statements during voir dire and the court's observation and assessment of the demeanor and credibility of that juror. See id. at -.

T14 A commitment to try to put one's biases aside has been deemed sufficient, as long as the juror expresses a belief that he or she can be fair, People v. Woellhaf, 87 P.3d 142, 151 (Colo.App.2003), rev'd on other grounds, 105 P.3d 209 (Colo.2005). A trial court is entitled to give considerable weight to such assurances. People v. Sandoval, 733 P.2d 319, 321 (Colo.1987).

15 When reviewing a trial court's denial of a challenge for cause, our role is limited. We review the entire voir dire at issue to place the prospective juror's statements in context, and we review the trial court's ruling on a challenge for cause for an abuse of discretion. People v. Young, 16 P.3d 821, 824 (Colo.2001). The abuse of discretion standard gives deference to the trial court's ered-ibility assessment of a prospective juror's responses, recognizes the trial court's unique role and perspective in evaluating the demeanor and body language of live witnesses, and serves to discourage an appellate court from "second-guessing those judgments based on a cold record." Carrillo v. People, 974 P.2d 478, 486 (Colo.1999).

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Cite This Page — Counsel Stack

Bluebook (online)
2012 COA 167, 302 P.3d 311, 2012 WL 4829495, 2012 Colo. App. LEXIS 1647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-samson-coloctapp-2012.