CHAPTER 3-1 HOMICIDE AND RELATED OFFENSES



Similar documents
CHAPTER 3-2 ASSAULTS

CHAPTER 4-2 BURGLARY

28.1 DRIVING WHILE UNDER THE INFLUENCE , Fla.Stat.

CHAPTER TEN DRIVING UNDER THE INFLUENCE

Driving under the influence driving while impaired driving with excessive alcoholic content definitions penalties.

ASSAULT BY AUTO OR VESSEL (BODILY INJURY, WITH DRUNK DRIVING OR REFUSAL 1 ) (N.J.S.A. 2C:12-1c)

OPERATING UNDER THE INFLUENCE CAUSING SERIOUS INJURY. The defendant is charged with causing serious bodily injury by

CHAPTER 4-1 ARSON. [FORMERLY COLJI-Crim., Chapter 13 (1983)]

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

Be it enacted by the General Assembly of the State of Colorado:

Colorado Legislative Council Staff

PUBLIC DRUNKENNESS Section 5505 of the Pennsylvania Crimes Code (Title 18)

Driving under the influence of alcohol, drugs, or other intoxicating substances;

Title 28 Vehicular Crimes

First Regular Session Sixty-ninth General Assembly STATE OF COLORADO INTRODUCED HOUSE SPONSORSHIP SENATE SPONSORSHIP

First Regular Session Seventieth General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP

STATE OF KANSAS, Appellee, MIGUEL BARAJAS, Appellant. SYLLABUS BY THE COURT

NEW YORK CRIME DEFINITIONS

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES. Plaintiff, COUNT 1

Underage Drinking and Driving Laws Laws

APPENDIX A Quick Reference Chart for Determining Key Immigration Consequences of Common New York Offenses

DELAWARE COUNTY TREATMENT COURT APPLICATION

Title 17-A: MAINE CRIMINAL CODE

State Statutory Citation Description of Penalty Alabama Ala. Code 13A-6-20 and Ala. Code 13A-5-6(a)(2)

TABLE OF CONTENTS. Homicide Case Flowchart...3. Overview of Homicide Trial...4. Location of Local Court Houses...5. General Courtroom Diagram...

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CRUZ STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

CRIMINAL LAW STUDY GUIDE

COLORADO STATE: COLORADO. Basis for a DWI Charge:

CRIMINAL LAW FINAL EXAM STUDY GUIDE

17.00 CANNABIS AND CONTROLLED SUBSTANCES DISPOSITION TABLE

Preliminary Breath Test Law: Yes (b) Also applies to CMV operators Implied Consent Law: Arrest Required (Yes/No): Yes

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses

Chapter 813. Driving Under the Influence of Intoxicants 2013 EDITION. Title 59 Page 307 (2013 Edition)

COLORADO COURT OF APPEALS 2012 COA 119

SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA

IMMIGRATION CONSEQUENCES OF SELECTED FLORIDA OFFENSES: A QUICK REFERENCE CHART 1

Chapter SECTION OPENER / CLOSER: INSERT BOOK COVER ART. Section 3.1 What Is a Crime?

SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE

IN THE MUNICIPAL COURT OF THE CITY OF SEATTLE

189A.010 Operating motor vehicle with alcohol concentration of or above 0.08, or of or above 0.02 for persons under age twenty-one, or while under

How are you getting home? Drinking, Driving and the Law THE-TABC

FINAL BILL REPORT HB 1544

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

TEXAS PENAL CODE TITLE 1 INTRODUCTORY PROVISIONS TITLE 2 GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY TITLE 3 PUNISHMENTS

SUPERIOR COURT OF CALIFORNIA, COUNTY OF IMPERIAL. People v. Case No. Advisement of Rights, Waiver, and Plea Form

College Policy on Drugs & Alcohol

NEW HAMPSHIRE New Hampshire Revised Statutes Annotated. Yes 265-A:4

ASSAULT, BATTERY, AND RELATED CRIMES Definition Of Assault. Committee Note

IN THE COURT OF CLAIMS OF OHIO VICTIMS OF CRIME DIVISION. IN RE: JEANENE S. LITTLER : Case No. V

Adult Plea Negotiation Guidelines

COERCION IN THE FIRST DEGREE (Class D felony) PENAL LAW (2) (Committed on or after September 1, 1967) The count is Coercion in the First Degree.

Criminal Law Outline. BarExamMind.com Page - 1

HOUSE BILL NO. HB0058. Driving under the influence-blood alcohol content.

CASE NO. 1D Eugene McCosky is petitioning this Court to grant a writ of certiorari, requiring

JURY QUESTIONNAIRE [PLEASE PRINT]

Oregon Suspension/Revocation/Cancellation Guide

IN THE COURT OF APPEALS OF THE STATE OF IDAHO. Docket No ) ) ) ) ) ) ) ) ) )

CALIFORNIA. Yes Vehicle Code 236l2(a)(l)

ARTICLE 333 Driving Under the Influence; Reckless Driving

THE VALUE OF A DIRECT VERDICT STRATEGY

Stages in a Capital Case from

Dangerous Operation of a Motor Vehicle s 328A

OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR. The defendant is charged with operating a motor vehicle while under

count is Criminal Possession of Stolen Property in the Fourth Degree.

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense)

UTAH STATE: UTAH. Basis for a DWI Charge:

Introduced by Representative Gardner AN ACT

NO. COA NORTH CAROLINA COURT OF APPEALS. Filed: 3 December v. Buncombe County No. 11 CRS DANNY DALE GOSNELL

How To Get Bail In Orange County

AGGRAVATED SEXUAL ASSAULT - PHYSICAL FORCE OR COERCION WITH SEVERE PERSONAL INJURY (N.J.S.A. 2C:14-2a(6))

THE SUPREME COURT COMMITTEE ON STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES

New Orleans Area Criminal Defense Lawyer

BRIEF BANK WASHOE COUNTY DISTRICT ATTORNEY S OFFICE

2015 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

PRVs and OVs - Crimes Against a Person PRV 1 Prior High Severity Felony Convictions MCL Pts The offender has: Instructions

Colorado Criminal Jury Instruction Chapter 1:04 and Chapter 3

ONLINE PRESENTED BY:

OFFICE OF DAKOTA COUNTY ATTORNEY JAMES C. BACKSTROM COUNTY ATTORNEY

Colorado Statutes Regarding Deadly Physical Force and Carrying Concealed Weapons Use Of Physical Force In Defense Of A Person 1.

TYPE OF OFFENSE(S) AND SECTION NUMBER(S) LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) CASE NUMBER(S) AND DATE(S)

CHAPTER 18. OFFENSES RELATING TO CONTROLLED SUBSTANCES [FORMERLY COLJI-Crim., CHAPTER 36 (1983)]

SECTION I: GENERAL INFORMATION {Indicate if analysis is on an original bill, amendment, substitute or a correction of a previous bill}

Oregon Suspension/Revocation/Cancellation Guide

The Victims of Crime Regulations, 1997

10. After they have announced the verdict, ask them to explain how they decided on it.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

TRAVIS LANCE DARRAH, Petitioner,

DISQUALIFICATIONS. What is a disqualification?

ENHANCEMENTS IN CALIFORNIA CRIMINAL LAW: Making sense of tacking on more time.

DECISION OF THE UPPER TRIBUNAL (ADMINISTRATIVE APPEALS CHAMBER)

QUICK REFERENCE GUIDE TO THE BASIC IMMIGRATION CONSEQUENCES OF SELECT FLORIDA CRIMES

THE STATE OF ARIZONA, Appellee, TOAN NGOC TRAN, Appellant. No. 2 CA-CR Filed September 24, 2014

Tennessee Statutes Pertaining to Domestic Violence, Sexual Assault and Stalking

Quick Reference Chart for Determining. Immigration Consequences of Common New York Offenses (Updated Jan. 2016) Quick Reference Chart for Determining

CHAPTER 5 OFFENSES INVOLVING FRAUD

2013 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

Division Insurance Coverage/Chancery Student Management Solutions (SMS) Reporting System

N.W.2d. Petition for further review from the Court of Appeals,

2011 UNIFORM BAIL SCHEDULE (Felony and Misdemeanor) SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE

Transcription:

CHAPTER 3-1 HOMICIDE AND RELATED OFFENSES 3-1:01 MURDER IN THE FIRST DEGREE (AFTER DELIBERATION) 3-1:02 MURDER IN THE FIRST DEGREE (FELONY MURDER) 3-1:03 AFFIRMATIVE DEFENSE FELONY MURDER 3-1:04 MURDER IN THE FIRST DEGREE (EXECUTION BASED UPON PERJURY) 3-1:05 MURDER IN THE FIRST DEGREE (EXTREME INDIFFERENCE) 3-1:06 MURDER IN THE FIRST DEGREE (DISTRIBUTION OF CONTROLLED SUBSTANCE ON SCHOOL GROUNDS) 3-1:07 MURDER IN THE FIRST DEGREE (CHILD UNDER TWELVE) 3-1:08 MURDER IN THE SECOND DEGREE 3-1:09 INTERROGATORY (PROVOKED PASSION) 3-1:10 MANSLAUGHTER (RECKLESS) 3-1:11 MANSLAUGHTER (CAUSED OR AIDED SUICIDE) 3-1:12 CRIMINALLY NEGLIGENT HOMICIDE 3-1:13 VEHICULAR HOMICIDE 3-1:14 SPECIAL INSTRUCTION INFERENCES TO BE DRAWN FROM EVIDENCE OF BLOOD ALCOHOL LEVEL 3-1(15) DEFINITION The instructions in this chapter are designed to cover the offenses in 18-3-101 to 107, C.R.S. 3-1:01 MURDER IN THE FIRST DEGREE (AFTER DELIBERATION) The elements of the crime of murder in the first degree are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged,

3. after deliberation, and with intent a. to cause the death of a person other than himself, b. caused the death of. 4. [without the affirmative defense in instruction.] murder in the first degree. defendant not guilty of murder in the first degree. NOTES ON USE Delete inapplicable bracketed material. When this instruction is used, the applicable definition of after deliberation, intent and person must be given. See 18-3-107, C.R.S. for first degree murder of a peace officer or firefighter engaged in the performance of his or her duties. People v. Candelaria, 148 P.3d 178 (Colo. 2006) (distinction between after deliberation and extreme indifference murder). 18-3-102(1)(a), C.R.S. COLJI-Crim. No. 9:01 (1983).

CLASSIFICATION OF OFFENSE F1 3-1:02 MURDER IN THE FIRST DEGREE (FELONY MURDER) The elements of the crime of murder in the first degree (felony murder) are: 1. that the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. acting alone or with one or more persons, 4. committed or attempted to commit the crime of as defined in instruction (insert applicable felony), and 5. in the course of or in furtherance of the he/she was committing or (insert applicable felony) attempting to commit, or of immediate flight therefrom 6. the death of a person, other than one of the participants, was caused by anyone. 7. [without the affirmative defense in instruction.] murder in the first degree. defendant not guilty of murder in the first degree.

NOTES ON USE Delete inapplicable bracketed material. The complete elemental definition of the applicable offense or offenses in paragraph 4 and 5 must be given. People v. Auman, 109 P.3d 647 (Colo. 2005). See 18-3-107, C.R.S. for first degree murder of a peace officer or firefighter engaged in the performance of his or her duties. 18-3-102(1)(b), C.R.S. COLJI-Crim. No. 9:02 (1983). 3-1:03 AFFIRMATIVE DEFENSE FELONY MURDER It is an affirmative defense to the charge of murder in the first degree (felony murder) that the defendant: 1. was not the only participant in the ; and (insert underlying crime) 2. did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and 3. was not armed with a deadly weapon; and 4. had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article, or substance; and 5. did not engage himself in or intend to engage in and had no reasonable ground to believe that any other participant intended to believe that any other participant intended to engage in conduct likely to result in death or serious bodily injury; and 6. endeavored to disengage himself from the commission of or flight therefrom (insert underlying crime)

immediately upon having reasonable grounds to believe that another participant is armed with a deadly weapon, instrument, article, or substance, or intended to engage in conduct likely to result in death or serious bodily injury. In addition to proving all the elements of the crime charged beyond a reasonable doubt, the prosecution also has the burden to disprove any one or more of the elements of the affirmative defense beyond a reasonable doubt. After considering the evidence concerning the affirmative defense, with all the other evidence in this case, if you are not convinced beyond a reasonable doubt that the prosecution has proven each of the elements of the crime charged, and disproven the affirmative defense beyond a reasonable doubt, you must return a verdict of not guilty. 18-3-102(2), C.R.S. 3-1:04 MURDER IN THE FIRST DEGREE (EXECUTION BASED UPON PERJURY) The elements of the crime of murder in the first degree are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. procured the conviction and execution, 4. of any innocent person, 5. [by [perjury] [subornation of perjury]. 6. [without the affirmative defense in instruction.]

murder in the first degree. defendant not guilty of murder in the first degree. NOTES ON USE Delete inapplicable bracketed material. When this instruction is given, the applicable definitions of person, perjury and subornation of perjury must be given. 18-3-102(1)(c), C.R.S. COLJI-Crim. No. 9:03 (1983). F1 CLASSIFICATION OF OFFENSE 3-1:05 MURDER IN THE FIRST DEGREE (EXTREME INDIFFERENCE) The elements of the crime of murder in the first degree are: 1. that the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally, 4. knowingly,

5. engaged in conduct which created a grave risk of death to a person or persons other than himself, and 6. thereby caused the death of another. 7. [without the affirmative defense in instruction.] murder in the first degree. defendant not guilty of murder in the first degree. NOTES ON USE Delete inapplicable bracketed material. When this instruction is given, the applicable definitions of person, universal malice, and extreme indifference must be given. See People v. Jefferson, 748 P.2d 1223 (Colo. 1988). People v. Candelaria, 148 P.3d 178 (Colo. 2006) (distinction between after deliberation and extreme indifference murder). See 18-3-107, C.R.S. for first degree murder of a peace officer or firefighter engaged in the performance of his or her duties. 18-3-102(1)(d), C.R.S. COLJI-Crim. No. 9:04 (1983). F1 CLASSIFICATION OF OFFENSE

3-1:06 MURDER IN THE FIRST DEGREE (DISTRIBUTION OF CONTROLLED SUBSTANCE ON SCHOOL GROUNDS) The elements of the crime of murder in the first degree are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. committed unlawful distribution, dispensation or sale of a controlled substance, 4. to a person under the age of eighteen years, 5. on school grounds, 6. and the death of such person, 7. was caused by the use of such controlled substance. 8. [without the affirmative defense in instruction.] murder in the first degree. defendant not guilty of murder in the first degree. NOTES ON USE When this instruction is used, the applicable definition of school grounds and controlled substance must be given. The elements of unlawful distribution, dispensation and sale of a controlled substance must be given with this instruction. See 18-1-503.5, C.R.S. as to affirmative defense relating to defendant's knowledge of age of victim.

18-3-102(1)(e), C.R.S. F1 CLASSIFICATION OF OFFENSE 3-1:07 MURDER IN THE FIRST DEGREE (CHILD UNDER TWELVE) The elements of the crime of murder in the first degree are: 1. that the defendant, 2. in the State of Colorado at or about the date and place charged, 3. knowingly 4. caused the death of a child who has not attained twelve years of age, and 5. the defendant was in a position of trust with respect to the victim. 6. [without the affirmative defense in instruction.] murder in the first degree. defendant not guilty of murder in the first degree.

NOTES ON USE When this instruction is given the applicable definition of position of trust must be given. 18-3-102(1)(f), C.R.S. F1 CLASSIFICATION OF OFFENSE 3-1:08 MURDER IN THE SECOND DEGREE The elements of the crime of murder in the second degree are: 1. that the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly, 4. caused the death of another person. 5. [without the affirmative defense in instruction.] murder in the second degree. defendant not guilty of murder in the second degree.

NOTES ON USE The definitions of knowingly and person must be given with this instruction. 18-3-103, C.R.S. COLJI-Crim. No. 9:05 (1983). People v. Sepulveda, 65 P.3d 1002 (Colo. 2003). People v. Ramirez, 56 P.3d 89 (Colo. 2002). F2 CLASSIFICATION OF OFFENSE F3, if provoked passion found 3-1:09 INTERROGATORY (PROVOKED PASSION) If you find the defendant not guilty of second degree murder, you should disregard this instruction and fill out the verdict form reflecting your not guilty verdict. If, however, you find the defendant guilty of second degree murder, you should fill out the verdict form reflecting your guilty verdict and then answer the following questions: No). Was the defendant acting upon provoked passion? (Yes or The defendant was acting upon provoked passion if: 1. the act causing the death was performed upon a sudden heat of passion, and 2. the sudden heat of passion was caused by a serious and highly provoking act of the intended victim, and

3. the intended victim s act of provocation was sufficient to excite an irresistible passion in a reasonable person, and 4. between the provocation and the killing, there was an insufficient interval of time for the voice of reason and humanity to be heard. It is the prosecution s burden to prove, beyond a reasonable doubt, that the defendant was not acting upon provoked passion. The prosecution must prove, beyond a reasonable doubt, that one or more of these elements did not exist in this case. prosecution has proven beyond a reasonable doubt that the defendant was not acting upon provoked passion, you should indicate No on the verdict form that has been provided. This finding must be unanimous. After considering all the evidence, if you do not unanimously find the prosecution has proven [this element] [any one or more of these elements] beyond a reasonable doubt, you should indicate No on the verdict form that has been provided. 18-3-103(3)(b), C.R.S. Cassels v. People, 92 P.3d 951 (Colo. 2004)(duty to instruct on provoked passion discussed). People v. Garcia, 28 P.3d 340 (Colo. 2001)(burden on prosecution to disprove provoked passion when raised.) People v. Garcia, 826 P.2d 1259, 1262 (Colo. 1992) People v. Valdez, 183 P.3d 720 (Colo. App. 2008) 3-1:10 MANSLAUGHTER (RECKLESS) The elements of the crime of manslaughter are: 1. That the defendant,

2. in the State of Colorado, at or about the date and place charged, 3. recklessly, 4. caused the death of another person. 5. [without the affirmative defense in instruction.] manslaughter. defendant not guilty of manslaughter. NOTES ON USE When this instruction is given, the definitions of recklessly and person must be given. 18-3-104(1)(a), C.R.S. COLJI-Crim. No. 9:06 (1983). F4 CLASSIFICATION OF OFFENSE 3-1:11 MANSLAUGHTER (CAUSED OR AIDED SUICIDE) The elements of the crime of manslaughter are: 1. that the defendant,

2. in the State of Colorado, at or about the date and place charged, 3. intentionally, 4. caused or aided another person to commit suicide, 5. [without the affirmative defense in instruction.] manslaughter. defendant not guilty of manslaughter. NOTES ON USE 18-3-104(3), C.R.S. specifies those circumstances under which this section "shall not apply". When this instruction is given, the definitions of intentionally and person must be given. 18-3-104(1)(b), (2) and (3), C.R.S. COLJI-Crim. No. 9:07 (1983). F4 CLASSIFICATION OF OFFENSE 3-1:12 CRIMINALLY NEGLIGENT HOMICIDE The elements of the crime of criminally negligent homicide are: 1. That the defendant,

2. in the State of Colorado, at or about the date and place charged, 3. caused the death of another person, 4. by criminal negligence, 5. [without the affirmative defense in instruction.] criminally negligent homicide. defendant not guilty of criminally negligent homicide. NOTES ON USE When this instruction is given the definitions of criminal negligence and person must be given. Mata Medina v. People, 71 P.3d 973 (Colo. 2003) (distinction between criminally negligent homicide and reckless manslaughter). 18-3-105, C.R.S. COLJI-Crim. No. 9:09 (1983). F5 CLASSIFICATION OF OFFENSE

3-1:13 VEHICULAR HOMICIDE The elements of the crime of vehicular homicide are: 1. that the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. operated or drove a motor vehicle 4. [in a reckless manner,] -or- [while under the influence of [alcohol] [one or more drugs] [a combination of both alcohol and one or more drugs],] 5. and such conduct was the proximate cause 6. of the death of another. 7. [without the affirmative defense in instruction.] vehicular homicide. defendant not guilty of vehicular homicide. NOTES ON USE When this instruction is used, the applicable definitions of "motor vehicle" and "proximate cause, must be given. Definitions of in a reckless manner (see definition of recklessly ), one or more drugs, and under the influence must be given must be given where appropriate.

See 18-3-106(2) and (3), C.R.S. and the following instruction, as to inferences to be drawn from the defendant's blood alcohol level. While the term "presumption" is used in the statute, presumptions are illegal in criminal cases, and the term "inference" is better used. 18-3-106(1), C.R.S. COLJI-Crim. No. 9:10 (1983). CLASSIFICATION OF OFFENSE F3, if under the influence F4, if reckless 3-1:14 SPECIAL INSTRUCTION INFERENCES TO BE DRAWN FROM EVIDENCE OF BLOOD ALCOHOL LEVEL As to the charge of vehicular homicide, the amount of alcohol in the defendant s blood at the time of the commission of the alleged offense, or within a reasonable time thereafter, as shown by chemical analysis of the defendant s blood or breath, gives rise to the following: (a) If there was at such time 0.05 or less grams of alcohol per one hundred milliliters of blood, or if there was at such time 0.05 or less grams of alcohol per two hundred ten liters of breath, it shall be presumed that the defendant was not under the influence of alcohol. (b) If there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per one hundred milliliters of blood, or if there was at such time in excess of 0.05 but less than 0.08 grams of alcohol per two hundred ten liters of breath, such fact may be considered with other competent evidence in determining whether or not the defendant was under the influence of alcohol. (c) If there was at such time 0.08 or more grams of alcohol per one hundred milliliters of blood, or if there

was at such time 0.08 or more grams of alcohol per two hundred ten liters of breath, it may be inferred that the defendant was under the influence of alcohol. You may consider this evidence, together with all the other evidence in this case, in determining whether or not the defendant was under the influence of alcohol. You must bear in mind that the prosecution always has the burden of proving each element of the offense beyond a reasonable doubt, and that an inference does not shift that burden to the defendant. [The defendant is not required to testify or present evidence.] NOTES ON USE This instruction differs from the instruction used in DUI and DWAI cases. See Jolly v. People, 742 P.2d 891, 897 (Colo. 1987) and Barnes v. People, 735 P.2d 869, 872 (Colo. 1987); People v. Felgar, 58 P.3d 1122 (Colo. App. 2002) regarding the use of presumptions as opposed to inferences. The general instruction on inferences is to be given with this instruction. 18-3-106(2), C.R.S. DEFINITIONS 3-1(15) ONE OR MORE DRUGS ONE OR MORE DRUGS shall mean all substances defined as a drug in 12-22-303(13), C.R.S., and all controlled substances defined in 12-22-303(7), C.R.S., and gluesniffing, aerosol inhalation, or the inhalation of any other toxic vapor or vapors as defined in 18-18-412, C.R.S. This definition is applicable to vehicular homicide 18-3-106, C.R.S. and vehicular assault 18-3-205, C.R.S.