Whiteaker v. People.

2024 CO 25. No. 22SC673. Double Jeopardy—Lesser-Included Offenses—Plain Error—Remedies.

May 6, 2024

The Supreme Court explicitly overruled People v. Garcia, 940 P.2d 357 (Colo. 1997), and held that first degree criminal trespass of a dwelling is a lesser included offense of second degree burglary. The Court also confirmed that when a defendant is convicted of both a greater offense and a lesser included offense in violation of double jeopardy principles, the remedy on appeal is automatic reversal of the judgment of conviction as to the lesser included offense and merger of the two offenses, such that only the greater remains.