James C. Germany v. People

We granted certiorari to the court of appeals to review its opinion affirming the defendants conviction of second-degree burglary under section 18-4-203, C.R.S. 1973 (now 1978 Repl. Vol. 8), 41 Colo. App. 304, 586 P.2d 1006 (1978). The petition for certiorari asked us to review only the question of whether the district court erred in giving the jury the modified Allen charge (Colo. J.I. Crim. 36:14) without affording the defendant or his counsel an opportunity to be present at and prior to the time of giving the instruction for the purpose of objecting thereto. We confine ourselves to this issue, and reverse.