Summary
The Colorado Supreme Court affirmed the defendant’s felony-murder conviction. The court held that one count of an information does not limit another count unless it is incorporated by clear and specific reference, so jury instructions addressing all statutory forms of kidnapping supported by the evidence did not constructively amend the felony-murder charge.
Topics
Practice areas
Questions Presented
- Whether the separate, more specific kidnapping count incorporated into or limited the scope of the more general felony-murder count alleging kidnapping as the predicate offense.
- Whether instructing the jury on all statutory forms of kidnapping supported by the evidence constructively amended the felony-murder information and permitted conviction of an uncharged offense.
Holdings
- One count of a criminal information does not circumscribe another count unless the latter count incorporates the former by a clear and specific reference.
- Jury instructions allowing consideration of all statutory forms of kidnapping supported by the evidence did not constructively amend the felony-murder charge when the information alleged kidnapping in the language of the felony-murder statute.
Key quotations
“Because one count of an information is not circumscribed by another count of that information unless the latter is incorporated in the former by clear and specific reference, the crime of kidnapping alleged more generally as an element of felony murder was not limited to the specific alternative act of kidnapping alleged in the separate kidnapping count, and therefore jury instructions as to all statutory forms of kidnapping supported by the evidence did not constructively amend the felony murder charge.” (¶ 2)
“As such, instructing the jury, for purposes of the felony murder charge, on all statutory forms of kidnapping did not amount to instructing on an additional or different crime from the one charged and, therefore, did not constitute a constructive amendment.” (¶ 20)
Factual background
The victim, Esquivel-Castillo's former girlfriend, disappeared and was later found buried near a friend's home. The felony-murder information alleged that her death occurred during or in furtherance of the defendant's commission or attempted commission of kidnapping, while a separate kidnapping count specified forcible seizing and carrying. The jury acquitted the defendant of the separately charged kidnapping offenses but convicted him of felony murder after being instructed on multiple statutory forms of kidnapping, finding that the defendant enticed or persuaded the victim to go from one place to another.
Procedural history
Esquivel-Castillo was charged with felony murder, second-degree murder, and first-degree kidnapping. The jury acquitted him of first- and second-degree kidnapping but convicted him of felony murder and second-degree murder. The district court denied his post-verdict motion for judgment of acquittal, and the Colorado Court of Appeals affirmed. The Colorado Supreme Court granted certiorari and affirmed the court of appeals.