In re People v. Mena.

2026 CO 42. No. 25SA303. Double Jeopardy—Partial Verdicts—Verdict Forms—Lesser-Included Offenses.

June 8, 2026

In the underlying criminal case from which this C.A.R. 21 proceeding emerged, Mena was charged with three counts of sexual assault under three different statutory provisions. The trial court presented the jury with verdict forms that included the charged offenses and the lesser-included offense of attempt as to each count. After three days of deliberation, the jury sent a written note to the court that clearly suggested it had acquitted Mena of the charged offenses but was deadlocked on the lesser-included offenses.

Departing from federal precedent, the supreme court held that under these circumstances—when a partial verdict is spontaneous, final, and unambiguous regarding the charges to which it applies—a trial court violates the defendant’s right to be protected from double jeopardy under the Colorado Constitution if it fails to accept that verdict. Accordingly, the order to show cause was made absolute.