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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.

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