Opinion
21SC902
09-06-2022
Eli Joseph Shortt, Petitioner v. The People of the State of Colorado, Respondent
Court of Appeals Case No. 18CA2422
Petition for Writ of Certiorari DENIED.
JUSTICE GABRIEL would grant as to the following issue:
Whether the court of appeals' decision, reversing petitioner's felony assault conviction for insufficient evidence the victim was an at-risk adult, yet authorizing the prosecution to retry him for felony assault, is not in accord with this court's decision in In re People v. Viburg, 2021 CO 81M, 500 P.3d 1123 and Linnebur v. People, 2020 CO 79M, 476 P.3d 734.