A.P.E. v. People

Summary

The Colorado Supreme Court held that carrying a concealed knife with a blade shorter than three and one-half inches does not, by itself, violate Colorado's concealed weapons statute. The prosecution must prove that the defendant intended to use the knife as a weapon, and that intent cannot be inferred solely from the knife's appearance. The court reversed and remanded for a new trial on the concealed weapon charge.

Holdings

1. A defendant may not be convicted under the concealed-weapons statute for carrying a knife with a blade less than three and one-half inches long unless the prosecution proves that the defendant used or intended to use the knife as a weapon.
2. The appearance or design of a short-bladed knife may be relevant to intent but cannot, by itself, establish the defendant's intent to use the knife as a weapon.

Questions Presented

1. Whether a defendant may be convicted under Colorado's concealed-weapons statute for carrying a knife with a blade less than three and one-half inches long when the prosecution presents no evidence, other than the object's outward appearance, that the defendant intended to use it as a weapon.
2. Whether the statutory catchall definition of a knife requires proof that the defendant used or intended to use the instrument as a weapon.

Disposition

reversed_and_remanded