In a recent ruling, the Colorado Court of Appeals affirmed the conviction of Manuel Gallarzo for first-degree burglary, along with two counts of third-degree assault and three counts of violating protection orders. However, the court also decided to merge one of the assault convictions into the burglary conviction. This decision, announced on October 29, 2026, is significant as it clarifies how certain offenses can be treated under Colorado law.

The case, documented under docket number 23CA1159, arose from incidents involving Gallarzo and his wife, who had two protection orders against him. The court's ruling not only affects Gallarzo but also sets a precedent for how similar cases may be handled in the future.

Background

Manuel Gallarzo was convicted following a jury trial that found him guilty of several charges stemming from domestic violence incidents involving his wife. The first incident occurred on July 16, 2022, when Gallarzo assaulted his wife in her living room, causing visible injuries to her face. Two days later, during another altercation, he again assaulted her, leading to further injuries.

Gallarzo was charged with first-degree burglary, third-degree assault, and violating protection orders that prohibited him from contacting his wife and her children. Despite admitting to the assaults, Gallarzo contested the charges regarding the protection orders, claiming he did not act with the necessary mental state required for those convictions. The jury ultimately found him guilty on all counts, leading to his appeal.

The Ruling

The Colorado Court of Appeals, in its decision, affirmed Gallarzo's conviction for first-degree burglary and the July 18 assault but vacated the conviction for the July 16 assault, merging it into the burglary conviction. The court ruled, "Because the conviction for the July 16 assault merges into the conviction for first-degree burglary, we vacate the judgment insofar as it reflects a separate sentence for the July 16 assault conviction." This ruling was made by Judge Lipinsky, with Judges Harris and Gomez concurring.

One of the primary arguments presented by Gallarzo was that the trial court violated his due process rights by using a 2022 model jury instruction on reasonable doubt that he claimed lowered the prosecution's burden of proof. However, the court found that the instruction did not violate his rights, stating, "The trial court did not err by giving the 2022 instruction." The court referenced previous rulings, including a recent case, Teran Sanchez v. People, which rejected similar arguments regarding the reasonable doubt instruction.

Impact

The court's decision has important implications for future cases involving domestic violence and the application of protection orders. By merging one of the assault convictions into the burglary conviction, the court reinforced the principle that defendants cannot be punished multiple times for offenses that stem from the same conduct. This ruling clarifies how courts should handle cases where multiple charges arise from a single incident, particularly in domestic violence situations.

Moreover, the court's affirmation of the reasonable doubt instruction used in Gallarzo's trial may influence how future cases are tried in Colorado. It emphasizes the need for clarity in jury instructions and the importance of ensuring that defendants' rights are upheld during the trial process.

What's Next

Gallarzo's case may still be subject to further legal action, including potential appeals to higher courts. However, as of now, the ruling stands, and there are no related cases pending that directly connect to this decision. The court has remanded the case to the trial court to amend the judgment accordingly.