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People v. Fontes
Court of Appeals of Colorado
89 P.3d 484 (2003)
Jesus Fontes (defendant) had three children aged 16 months to 11 years. Each of the children suffered health problems and was malnourished. After being denied food by a food bank and seeing no other alternative to obtain food, Fontes went to a convenience store, presented a false identification card, and attempted to cash a forged payroll check. The State of Colorado (plaintiff) charged Fontes with forgery, criminal impersonation, and misdemeanor theft. At trial, Fontes’s wife testified that Fontes intended to use the money to feed his children. At the close of the evidence, the trial court refused Fontes’s request for a jury instruction on the defense of necessity (i.e., the choice of evils defense). Fontes was convicted, and he appealed.
Rule of Law
Holding and Reasoning (Graham, J.)
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