Supreme Court of Colorado· 8/6/1974
People v. Rivera
Citations
- 525 P.2d 431
- 186 Colo. 24
- 1974 Colo. LEXIS 689
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- non-included offense instructions are “tantamount to a defendant’s consent to an added count being charged against him”
- statutory lesser included offense “mandates that the greater offense must establish every essential element of the lesser included offense”
- statutory lesser included offense \mandates that the greater offense must establish every essential element of the lesser included offense\
- although statutory elements not identical no error in instruction to jury when lesser offense supported by evidence
- defendant entitled to a lesser included offense instruction if the greater offense establishes every essential element of the lesser offense
- instruction tendered by defendant on a lesser non-included offense in effect amends the information
Source: CourtListener parenthetical corpus (CC0).
Judges: Day, Pringle, Groves
Read full opinion on CourtListenerCited by
92 cases in this archive cite this case; the 20 most cited are listed.
- Armintrout v. PeopleSupreme Court of Colorado· 1993-12-13· cited 839×
- Arko v. PeopleSupreme Court of Colorado· 2008-05-12· cited 668×
- People v. TenorioSupreme Court of Colorado· 1979-02-13· cited 565×
- People v. BirksCalifornia Supreme Court· 1998-08-31· cited 492×
- People v. LeskeSupreme Court of Colorado· 1998-04-13· cited 371×
- People v. GallegosColorado Court of Appeals· 1997-08-14· cited 291×
- People v. GeigerCalifornia Supreme Court· 1984-02-02· cited 261×
- Patton v. PeopleSupreme Court of Colorado· 2001-11-13· cited 259×
- People v. LoweSupreme Court of Colorado· 1983-04-04· cited 244×
- People v. TrujilloSupreme Court of Colorado· 2004-01-26· cited 180×
- People v. BartowsheskiSupreme Court of Colorado· 1983-04-18· cited 165×
- People v. MarcySupreme Court of Colorado· 1981-03-09· cited 153×
- People v. HarlanSupreme Court of Colorado· 2000-09-11· cited 120×
- State v. WestArizona Supreme Court· 1993-09-30· cited 113×
- Abarca v. People No. 13SC750, Hill v. People No. 14SC3, Medrano-Bustamante v. People No. 14SC7, People v. SmootsSupreme Court of Colorado· 2017-02-27· cited 110×
- Howard v. StateTennessee Supreme Court· 1979-03-05· cited 105×
- People v. AbiodunSupreme Court of Colorado· 2005-05-02· cited 93×
- People v. DaceIllinois Supreme Court· 1984-10-19· cited 81×
- People v. HendersonSupreme Court of Colorado· 1991-05-06· cited 72×
- Boulies v. PeopleSupreme Court of Colorado· 1989-03-27· cited 63×
Cites
11 cases in this archive are cited by this case.
- People v. MoyaSupreme Court of Colorado· 1973-07-30· cited 45×
- Daniels v. PeopleSupreme Court of Colorado· 1966-02-07· cited 45×
- People v. CardwellSupreme Court of Colorado· 1973-05-21· cited 37×
- Schott v. PeopleSupreme Court of Colorado· 1971-03-08· cited 33×
- People v. MontagueSupreme Court of Colorado· 1973-03-26· cited 28×
- People v. TravisSupreme Court of Colorado· 1973-11-26· cited 12×
- Howard v. PeopleSupreme Court of Colorado· 1970-11-23· cited 10×
- People v. VelasquezSupreme Court of Colorado· 1972-05-15· cited 5×
- Van Pelt v. PeopleSupreme Court of Colorado· 1970-11-23· cited 5×
- People v. NaceSupreme Court of Colorado· 1973-06-25· cited 4×
- Miera v. PeopleSupreme Court of Colorado· 1967-11-27· cited 2×
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.