Colorado v. Carbajal
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A search of respondent Joddy Carbajal's home led to the discovery of three firearms. Respondent had been previously convicted of a felony, and was charged with three counts of possession of a weapon by a previous offender (POWPO). At trial, respondent raised as an affirmative defense that he possessed the weapons to defend his home, person and property. Over respondent's objection, the trial court modified the stock jury instruction regarding that affirmative defense, and instructed the jury that respondent must have possessed the weapons to defend against what he "reasonably believed to be a threat of imminent harm." Respondent was convicted by the jury on two of the three counts. The court of appeals reversed, finding the defense did not require a "reasonable belief." The Supreme Court reversed the appellate court, finding the trial court did not err in its jury instruction.
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