Hoggard v. People.
2020 CO 54. No. 17SC564. Constructive Amendments—Jury Instructions—Instructional Error.
June 15, 2020
In this case, the Supreme Court first considered whether a jury instruction on the charge of attempt to influence a public servant constitutes plain error when the instruction fails to apply an intent requirement to every element of that offense. The Court then considered whether a charge of second degree forgery is constructively amended when the trial court instructs the jury on the elements of felony forgery. The Court first held that even if the instruction in this case on the charge of attempt to influence a public servant was erroneous because it did not apply an intent requirement to every element of the crime, any error was not plain. The Court also held that although the trial court erred in including language from the felony forgery statute when instructing the jury on the second-degree forgery charge, the instruction did not amount to a constructive amendment and the error was not plain. Accordingly, the Court of Appeals’ judgment was affirmed on different grounds.
Constructive Amendments, Jury Instructions, Instructional Error