Thornton v. People

Supreme Court of Colorado

Thornton v. People

716 P.2d 1115, 1986 Colo. LEXIS 547

CourtSupreme Court of Colorado

DecidedApril 21, 1986

DocketNo. 85SC463

StatusPublished

Cited by2 cases

This text of 716 P.2d 1115 (Thornton v. People) 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.

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Thornton v. People, 716 P.2d 1115, 1986 Colo. LEXIS 547 (Colo. 1986).

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Opinion

PER CURIAM.

We granted certiorari to consider the decision of the court of appeals in People v. Thornton, 712 P.2d 1095 (Colo.App.1985), which affirmed the conviction of the defendant, Thomas P. Thornton, on six counts of securities fraud. Subsequent to our order granting certiorari, the People, relying on our opinion in People v. Riley, 708 P.2d 1359 (Colo.1985), have confessed error in this case. The People’s confession of error is based on the trial court’s instruction to the jury that good faith is not a defense to the charge of securities fraud. Although the defendant did not petition this court for certiorari on the propriety of the trial court’s instruction, the People, pointing out that at trial the defendant did raise an objection to the giving of the good faith instruction, urge us to reverse in the interests of justice.

We accept the People’s confession of error and accordingly reverse the judgment of conviction and remand the case to the court of appeals with directions to return the case to the district court for a new trial.

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PER CURIAM.

We granted certiorari to consider the decision of the court of appeals in People v. Thornton, 712 P.2d 1095 (Colo.App.1985), which affirmed the conviction of the defendant, Thomas P. Thornton, on six counts of securities fraud. Subsequent to our order granting certiorari, the People, relying on our opinion in People v. Riley, 708 P.2d 1359 (Colo.1985), have confessed error in this case. The People’s confession of error is based on the trial court’s instruction to the jury that good faith is not a defense to the charge of securities fraud. Although the defendant did not petition this court for certiorari on the propriety of the trial court’s instruction, the People, pointing out that at trial the defendant did raise an objection to the giving of the good faith instruction, urge us to reverse in the interests of justice.

We accept the People’s confession of error and accordingly reverse the judgment of conviction and remand the case to the court of appeals with directions to return the case to the district court for a new trial.

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716 P.2d 1115, 1986 Colo. LEXIS 547, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-people-colo-1986.

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