Palmer v. People - 964 P.2d 524 (Colo. 1998)

Rule:

The culpable mental states for conspiracy and for reckless manslaughter are legally and logically inconsistent. The crime of conspiracy to commit reckless manslaughter would require that the defendant have the specific intent to commit reckless manslaughter. Crimes of recklessness are, by definition, crimes that are committed unintentionally, but with a conscious disregard for a substantial and unjustifiable risk that a result will occur. Thus, the state of mind required for reckless manslaughter is irreconcilable with the specific intent required for conspiracy. Logic dictates that one cannot agree in advance to accomplish an unintended result. Thus, conspiracy to commit reckless manslaughter is not a cognizable offense in Colorado. 

Facts:

Defendant Aaron Palmer was convicted of multiple felonies for having fired gunshots at several victims. The trial court sentenced him for a substantial period of time and imposed a concurrent term for a single count of conspiracy to commit reckless manslaughter. On appeal, defendant argued that conspiracy to commit reckless manslaughter was not a legally cognizable crime in Colorado. The court of appeals rejected defendant’s argument. The court of appeals determined that conspiracy does not require that the conspirator intend to cause a particular result but merely requires that the conspirator know that he or she and another are engaging in criminal conduct. Defendant appealed. 

Issue:

Was conspiracy to commit reckless manslaughter a legally cognizable crime in Colorado?

Answer:

No.

Conclusion:

The lower appellate court’s judgment on the issue of conspiracy to commit reckless manslaughter was reversed and the defendant's conviction was vacated. The case was then remanded to the lower court to return to the trial court with the remaining directions contained in the lower appellate court's decision. The court held that because the offense of conspiracy was a specific intent crime and reckless manslaughter by definition was a crime committed unintentionally, the culpable mental states for the two crimes were legally and logically inconsistent. Therefore, conspiracy to commit reckless manslaughter was not a cognizable offense in Colorado.