People v. Ager
In People v. Ager, 928 P.2d 784 (Colo. App. 1996), the Court held that a sentence for first degree assault did not merge with a sentence for murder.
There, however, the court noted that the defendant was charged with and convicted of second degree burglary, which, contrary to the requirements of the first degree burglary statute, requires only an entry with intent to commit a crime.
Accordingly, the Ager court held that proof of the essential elements of the burglary did not necessarily establish all of the elements of an assault committed subsequent to the crime of burglary.