People v. Mozee

In People v. Mozee, 723 P.2d 117 (Colo. 1986), the defendant argued, on equal protection grounds, that there was no difference between first degree assault in violation of 18-3-202(1)(a) (intentionally causing serious bodily injury by means of a deadly weapon), and second degree assault in violation of a prior statute that prohibited intentionally causing serious bodily injury to another, if the latter offense was prosecuted as a crime of violence under 16-11-309, C.R.S. 2000 (use of, or possession and threatened use of, a deadly weapon). The supreme court disagreed and explained that, although the distinction was a "subtle" one, the two offenses were distinguishable because the phrase "by means of a deadly weapon," when used as an element of first degree assault, required the People to prove that the instrument "actually" and "directly" caused serious bodily injury to the victim.