People v. Robertson

Defendant, a prisoner in the state penitentiary, was convicted of "introducing contraband in the first degree" in violation of § 18-8-203(1)(b), C.R.S. 1973. In this appeal, he contends that the court erred in refusing to instruct the jury on the affirmative defense of "choice of evils" as defined by § 18-1-702(1), C.R.S. 1973. While we agree that under certain circumstances such defense may well be available to one so charged, nevertheless we hold that the defense is not appropriate under the specific facts of this case. Thus, the courts refusal to instruct on the defense was not error, and we affirm the conviction.