v. Jackson

472 P.3d 553 · Supreme Court of Colorado · 2020

Facts

Rival gang members, including Brandon Jackson, planned retaliation against E.O. after E.O. shot a member of Jackson's gang. Jackson and his cohorts drove to E.O.'s apartment complex, knowing E.O. drove a gold SUV. At 3 a.m., Y.M., who was not gang-related and drove a similar gold SUV, returned home and parked near E.O.'s apartment. One of Jackson's cohorts, mistakenly believing Y.M. was E.O., shot Y.M. twice in the head, killing him instantly. After realizing the mistake, the shooter fired numerous shots into E.O.'s empty apartment.

Procedural history

Jackson was convicted by a jury of first degree murder, attempted first degree murder, and other charges. He appealed, arguing a double jeopardy violation for the first degree murder and attempted first degree murder convictions. A division of the court of appeals sided with Jackson, finding a double jeopardy violation based on the transferred intent doctrine, and vacated the attempted first degree murder conviction and sentence. Both parties petitioned the supreme court for certiorari, and the People's cross-petition was granted, leading to this review.

Issue

Does the Double Jeopardy Clause prohibit convictions for both first degree murder and attempted first degree murder when a shooter kills one person (Y.M.) under the mistaken belief that he is another (E.O.)?

Holding

Yes, the Double Jeopardy Clauses of the federal and state constitutions dictate that Jackson cannot stand convicted of both first degree murder and attempted first degree murder because the latter is a lesser included offense of the former, relating to the same criminal conduct and victim.

Rule

Colorado's broad statutory definition of first degree murder (18-3-102(1)(a)) encompasses unintended victims, rendering the transferred intent doctrine unnecessary in such cases. In a mistaken-identity case, the perpetrator aims at and kills the person they intend to kill, even if they mistakenly believe that person is someone else, meaning there is only one victim. Therefore, the shooter intended and attempted to kill the person actually shot (Y.M.), making the attempted first degree murder a lesser included offense of the first degree murder, thus violating double jeopardy.

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