June 17, 2018

Colorado Court of Appeals: Prison Inmate Not Barred from Asserting Castle Doctrine

The Colorado Court of Appeals issued its opinion in People v. Alaniz on Thursday, June 30, 2016.

Prison Cell—Prisoner—“Make-My-Day” Statute—Dwelling—Immunity.

Alaniz is an inmate in the Colorado Department of Corrections. The people filed the charges in this case after another inmate was found dead in a cell shared by Alaniz and another inmate. After the court held an evidentiary hearing, it dismissed the charges against defendant based on Colorado’s “make-my-day” statute, which provides that under certain circumstances an occupant of a dwelling who uses any degree of physical force, including deadly physical force, against an intruder will be immune from prosecution.

On appeal, the People contended that Alaniz was not entitled to immunity under section C.R.S. § 18-1-704.5 because a prison cell is not a dwelling for purposes of that statute. Alaniz’s prison cell meets the definition of a dwelling in C.R.S. § 18-1-901(3)(g) because it was used by persons for habitation. Further, the definition of dwelling in C.R.S. § 18-1-901(3)(g) applies to the immunity provisions of C.R.S. § 18-1-704.5.

The People next contended that the court erred in dismissing the charges because Alaniz failed to prove that he used physical force against the victim. Alaniz was merely required to establish that circumstances justifying the charged use of force were present, as set forth in C.R.S. §§ 18-1-704.5(2) and (3). Nothing in the language of that statute supports the People’s assertion that he was required to explain the entirety of his actions at the hearing in order to obtain immunity. Accordingly, the court did not err in granting Alaniz’s motion to dismiss the charges.

The order was affirmed.

Summary provided courtesy of The Colorado Lawyer.

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