Idrogo V. People

Appellant Anthony M. Idrogo was convicted by a jury of the offenses of reckless manslaughter, in violation of section 18-3-104(1)(a), 8B C.R.S. (1986),*fn1 and crime of violence, in violation of section 16-11-309, 8A C.R.S. (1986). The jury also found Idrogo to be a habitual criminal, in violation of section 16-13-101(2), 8A C.R.S. (1986). At trial, Idrogo tendered a jury instruction describing the limits of a person's duty to retreat when attacked by another person. The trial court refused to give the instruction to the jury, and the Court of Appeals affirmed the trial court's decision in the unpublished opinion of People v. Idrogo, No. 87CA1250 (Colo. App. March 22, 1990) (not selected for official publication). Having granted Idrogo's petition for certiorari to consider the propriety of the trial court's ruling, we reverse and remand with directions.