Colorado v. Childress
Annotate this CaseThe State appealed a court of appeals' judgment that vacated Kenneth Childress' conviction of vehicular assault while operating a motor vehicle under the influence of alcohol or drugs. Though it was undisputed that Childress was not driving the vehicle at issue, the jury was instructed that he could be found guilty as a complicitor. The appellate court concluded that because vehicular assault while under the influence was a strict liability offense, no culpable mental state of the driver was required, and that the Colorado Supreme Court previously held complicitor liability inapplicable to crimes lacking a culpable mental state requirement. After review, the Supreme Court, in reversing the court of appeals' judgment, clarified complicitor liability. The case was remanded for a determination of whether the jury was adequately instructed in light of the Court's holding.
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