Plemons v. Colorado
Annotate this CaseDefendant Cheryl Plemmons intentionally spat on two sheriff deputies while they were attempting to determine if she was suicidal. The deputies arrested her for spitting on them, and the prosecution charged her with three counts of second degree assault: one under section 18-3-203(1)(f.5), C.R.S. (2022), and two under section 18-3-203(1)(h). A jury found her guilty of each count. On appeal, Plemmons argued the trial court incorrectly instructed the jury on an element of the offense: the scope of the term “harm” as it related to her intent in spitting on the officers. A division of the court of appeals affirmed the judgment of conviction. Like the courts below, the Colorado Supreme Court held that “harm” as used in subsections 18-3-203(1)(f.5)(I) and (h) encompassed more than just physical harm. "Psychological harm can suffice." However, the Court concluded Plemmons was entitled to a new trial because the trial court’s jury instructions didn’t accurately convey the meaning of “harm” to the jury. Thus, judgment was affirmed in part and reversed in part.
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