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People v. Harfmann6/4/1981
legos, Colo., 628 P.2d 999 (1981). We conclude that the policies adopted by the General Assembly in refusing to permit such defense in general intent crimes defined in the Criminal Code should apply with equal force to general intent narcotics violation crimes under § 12-22-302, et seq., C.R.S. 1973 (1978 Repl. Vol. 5).
Defendant argues that the trial court erroneously refused his tendered instruction on possession of a dangerous drug as a lesser-included offense of the crime charged. However, other than the statement defendant attributed to his friend, there was no evidence in the record that defendant possessed any drug other than cocaine. Hence, the trial court properly refused defendant's tendered instruction. People v. Tenorio, 197 Colo. 137, 590 P.2d 952 (1979). Defendant's theory that he mistakenly believed that the bag contained amphetamines was properly presented to the jury in another instruction.
Defendant's contentions that the trial court erroneously instructed the jury on the amount of narcotic drug necessary for conviction and that it erroneously admitted opinion evidence by an expert witness are also without merit.
Judgment affirmed.
JUDGE SMITH and JUDGE TURSI concur.
Disposition
JUDGMENT AFFIRMED
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