The summaries of the Colorado Court of Appeals published opinions constitute no part of the opinion of the division but have been prepared by the division for the convenience of the reader. The summaries may not be cited or relied upon as they are not the official language of the division. Any discrepancy between the language in the summary and in the opinion should be resolved in favor of the language in the opinion. SUMMARY April 18, 2019 2019COA57 No. 17CA1924, People in the Interest of B.D. — Juvenile Court — Delinquency; Crimes — Theft; Criminal Law — Sentencing — Crimes Against At-Risk Persons In this delinquency proceeding, a juvenile appeals from a magistrate’s order adjudicating him delinquent and from the district court’s order denying his petition for review and adopting the magistrate’s order and judgment. On appeal, the juvenile contends the magistrate erred in denying his motion to suppress and in adjudicating him as a complicitor to an enhanced crime of theft from an at-risk adult. A division of the court of appeals affirms the magistrate’s suppression ruling but concludes that, applying People v. Childress, 2015 CO 65M, there was insufficient evidence to adjudicate the juvenile as a complicitor to theft from at-risk adult, § 18-6.5-103(5), C.R.S. 2018. In doing so, the division extends the “dual mental state” requirement discussed in Childress from strict liability offenses to also reach the strict liability sentence enhancer of theft committed in the presence of an at-risk adult. COLORADO COURT OF APPEALS 2019COA57 Court of Appeals No. 17CA1924 Jefferson County District Court No. 16JD355 Honorable Ann Gail Meinster, Judge Honorable Andrew Todd Fitzgerald, Magistrate The People of the State of Colorado, Petitioner-Appellee, In the Interest of B.D., Juvenile-Appellant. JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CASE REMANDED WITH DIRECTIONS Division III Opinion by JUDGE WELLING Webb and Harris, JJ., concur Announced April 18, 2019 Philip J. Weiser, Attorney General, Gabriel P. Olivares, Assistant Attorney General, Denver, Colorado, for Petitioner-Appellee Tara Jorfald, Alternate Defense Counsel, Lakewood, Colorado, for Juvenile- Appellant ¶1 In this delinquency proceeding, the juvenile, B.D., appeals from the magistrate’s order adjudicating him delinquent based on findings that he committed acts that, if committed by an adult, would constitute three felonies and one misdemeanor, and from the district court’s order denying his petition for review and adopting the magistrate’s order and judgment. ¶2 B.D., along with two other juveniles, broke into two homes and stole several items. At one of the homes, one of B.D.’s accomplices crossed paths with the seventy-seven-year-old homeowner. B.D. was adjudicated delinquent for two counts of felony burglary — one count for each home — and two counts of theft. One of the theft counts was a misdemeanor but the other was enhanced to a class 5 felony because it was committed in the presence of an at-risk person. With respect to the adjudication for theft against an at-risk person, B.D. was adjudicated only as a complicitor. ¶3 On appeal, B.D. contends that the magistrate erred in ...
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