Bock v. People.
24 CO 61. No. 23SC97. Constructive Amendment—Standards of Review—Plain Error Review—Structural Error Review.
September 9, 2024
Bock argued that the jury instructions given at his trial deviated from the charges against him such that they constituted a constructive amendment of his charges, creating a structural error and requiring reversal. The Supreme Court held that constructive amendments are reviewed for plain, rather than structural, error. Further, the Court held that the error in this case was not plain because it did not undermine the trial’s fundamental fairness. Accordingly, the Court affirmed the court of appeals’ decision and upheld Bock’s convictions.