Campbell v. People.
2020 CO 49. No. 18SC144. Confrontation Clause—Constructive Amendment—Habitual Offender.
June 8, 2020
The Supreme Court reviewed whether the trial court plainly erred by permitting an expert to testify about a DNA profile developed by a non-testifying analyst. The Court held that any error in allowing the expert to testify about the DNA profile was not plain at the time of trial or the time of appellate review.
The Court also reviewed whether the prosecution constructively amended the habitual offender charge against defendant by mislabeling one of defendant’s prior felony convictions in the charging document. The Court concluded that the prosecution adequately alleged defendant was convicted of a specific felony and proved that prior conviction as alleged. Accordingly, the Court concluded that the mislabeled prior felony resulted in a simple variance that does not require reversal.
The Court of Appeals’ judgment was affirmed and the case was remanded with directions.
Confrontation Clause, Constructive Amendment, Habitual Offender