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People v. Jackson

Colorado Supreme Court

472 P.3d 553 (2020)

Facts

A community in Colorado was home to two rival gangs, Sicc Made and Most Hated. Brandon Jackson (defendant) founded and belonged to Sicc Made. EO belonged to Most Hated. On December 24, 2011, EO shot and wounded a member of Sicc Made. On December 25, Jackson and several Sicc Made members met to discuss retaliation against EO. Ultimately, the group decided to attempt to kill EO, so they went to his apartment complex and waited for him to return home. EO drove a gold SUV. On December 26 at 3 a.m., YM, who lived in the same complex as EO, returned to the complex and parked near EO’s apartment. Unfortunately, YM also drove a gold SUV. Mistaking YM for EO, one of the Sicc Made members went over to YM’s SUV and shot him twice. YM died instantly. The killer realized his mistake and subsequently fired shots into EO’s empty apartment. Jackson was indicted and tried for first-degree murder, among other charges. The government offered a complicity theory of liability with respect to Jackson because he was not the shooter. The jury found Jackson guilty of murder and four other charges, and he was sentenced to life imprisonment without parole. Jackson appealed.

Rule of Law

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Issue

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Holding and Reasoning (Samour, J.)

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