Opinions of the Colorado Supreme Court are available to the public and can be accessed through the Judicial Branch’s homepage at http://www.courts.state.co.us. Opinions are also posted on the Colorado Bar Association’s homepage at http://www.cobar.org. ADVANCE SHEET HEADNOTE February 18, 2020 2020 CO 14 No. 17SC430, People v. Berry—Criminal Law—Abuse of Public Office— Embezzlement of Public Property—Official Misconduct. The supreme court considers two issues in this case. First, for the crime of embezzlement of public property, under section 18-8-407, C.R.S. (2019), does “public property” include property that is in the government’s possession but not owned by the government? And second, for the crime of official misconduct, under section 18-8-404, C.R.S. (2019), what is an act “relating to [an official’s] office?” Regarding the first question, the supreme court holds that the statute prohibiting embezzlement of public property criminalizes only the embezzlement of property that is owned by the government. Concerning the second question, the supreme court concludes that the prohibition on official misconduct should be broadly construed to include circumstances in which an official uses the opportunities presented by his or her office to engage in improper conduct. The supreme court therefore affirms the decision of the court of appeals. The Supreme Court of the State of Colorado 2 East 14th Avenue • Denver, Colorado 80203 2020 CO 14 Supreme Court Case No. 17SC430 Certiorari to the Colorado Court of Appeals Court of Appeals Case No. 15CA1394 Petitioner/Cross-Respondent: The People of the State of Colorado, v. Respondent/Cross-Petitioner: William Steven Berry. Judgment Affirmed en banc February 18, 2020 Attorneys for Petitioner/Cross-Respondent: Philip J. Weiser, Attorney General Jacob R. Lofgren, Assistant Attorney General Denver, Colorado Attorneys for Respondent/Cross-Petitioner: Elkus & Sisson, P.C. Reid J. Elkus Lucas Lorenz Kathryn Sheely Greenwood Village, Colorado JUSTICE HART delivered the Opinion of the Court. JUSTICE SAMOUR concurs in part and dissents in part, and CHIEF JUSTICE COATS joins in the concurrence in part and dissent in part. 2 ¶1 In 2014, William Steven Berry, who was at the time a deputy of the Lake County Sheriff’s Office, obtained several firearms from the office evidence locker, gave one away, attempted to sell another, and kept two for himself. For this conduct, Berry was convicted of embezzlement of public property in violation of section 18-8-407, C.R.S. (2019), and first-degree official misconduct in violation of section 18-8-404, C.R.S. (2019). This case requires us to answer a question of first impression about each of these statutory provisions. First, does “public property” include property that is in the government’s possession but not owned by the government? And second, what is an act “relating to [an official’s] office” for purposes of the crime of official misconduct?1 ¶2 We hold that the statute prohibiting embezzlement of public property criminalizes only the embezzlement of property that is owned by the government. 1 We granted certiorari to review the following issues: 1. Whether a sheriff’s deputy, who removed several weapons from an evidence locker where they were under the possession and control of the sheriff’s department, and ...
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