Cooper v. People

973 P.2d 1234 (1999)

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Cooper v. People

Colorado Supreme Court
973 P.2d 1234 (1999)

KL

Facts

Samuel Cooper (defendant) was living at the home of his mother, Shirley Thorman, when he was arrested for harassing her. He was released subject to a temporary restraining order prohibiting him from contacting Thorman or going to her home. The next day, Cooper went to Thorman’s house. Thorman testified at trial that she did not invite him but that Cooper broke in, threatened her life, and physically assaulted her. Cooper testified that Thorman had invited him to her home and he broke in to get out of the cold when she did not answer the door. He denied assaulting her. Cooper was convicted of second-degree burglary after the trial court instructed the jury that they could find Cooper guilty if he formed the intent to commit another crime after his unlawful entry to Thorman’s home. Cooper appealed, arguing that the jury instructions were improper because they permitted the jury to find that he formed the intent to assault Thorman either before or after his entry into her home. Cooper argued that burglary required that he have had the intent to assault Thorman prior to his entry into her home.

Rule of Law

Issue

Holding and Reasoning (Kourlis, J.)

Dissent (Rice, J.)

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