18-4-303. Aggravated robbery of controlled substances. (Repealed)

History

Source: L. 73: p. 572, 11. C.R.S. 1963: 40-4-303. L. 81: (1) and (2) amended, pp. 737, 974, 21, 11, effective July 1. L. 2012: (1) amended, (HB 12-1311), ch. 281, p. 1619, 43, effective July 1. L. 2023: Entire section repealed, (HB 23-1293), ch. 298, p. 1785, 11, effective October 1.

Annotations

Editor's note: Section 77 of chapter 298 (HB 23-1293), Session Laws of Colorado 2023, provides that the act repealing this section applies to offenses committed on or after October 1, 2023.

Annotations

 

ANNOTATION

Annotations

Culpable mental state is element of crime. Because aggravated robbery of drugs is merely a variant of the common-law crime of aggravated robbery, the culpable mental state of "knowingly" is a requisite element of the crime. People v. Mascarenas, 666 P.2d 101 (Colo. 1983).

Necessity of chemical testing. While the better practice is to subject narcotics evidence to chemical analysis, chemical testing is not necessary in all cases to prove that the items taken in a robbery were in fact "narcotic drugs". People v. Lake, 195 Colo. 454, 580 P.2d 788 (1978).

Aggravated robbery of drugs from a pharmacy is a separate offense and not merely a punishment enhancement statute for aggravated robbery. Ramirez v. People, 682 P.2d 1181 (Colo. 1984).