People v. Krovarz

697 P.2d 378 (1985)

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People v. Krovarz

Colorado Supreme Court
697 P.2d 378 (1985)

Facts

Victor Krovarz (defendant) had been a patient at a mental-health center. Krovarz was released from the center to a halfway house but was still depressed and suicidal. Hoping to be sent back to the mental-health center, Krovarz put a putty knife to the throat of a store cashier and demanded that she give him the money in the store’s register. A customer intervened and restrained Krovarz until police arrived and arrested him. Krovarz was charged with attempted aggravated robbery. In that jurisdiction, aggravated robbery was a crime that required a mens rea of knowledge. Specifically, a defendant committed aggravated robbery if he used a deadly weapon on another person knowing that this action would result in the defendant obtaining something of value. At trial, a psychologist testified that Krovarz knew that his actions would likely result in the cashier giving him money, but that Krovarz’s actual intent was to be committed to a mental facility. Based on a state supreme-court opinion, the trial court believed that a defendant could be guilty of the crime of attempt only if the defendant acted with a mens rea of specific intent, regardless of the particular mens rea required for the underlying, target crime. In the context of determining a defendant’s mens rea, specific intent meant that the defendant intended to achieve the prohibited criminal result. Because Krovarz had not acted with the specific intent to obtain something of value, i.e., money, the trial court ruled that Krovarz could not be guilty of the crime of aggravated robbery. The state (plaintiff) appealed, asking the state supreme court to determine whether specific intent was always the mens rea for the crime of attempt.

Rule of Law

Issue

Holding and Reasoning (Dubofsky, J.)

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