Peo v. King

── Peo v. King ── Court: Colorado Court of Appeals Date: May 07, 2026 Category: General 23CA1549 Peo v King 05-07-2026 COLORADO COURT OF APPEALS Court of Appeals No. 23CA1549 El Paso County District Court No. 21CR5056 Honorable Lin Billings Vela, Judge Honorable Gilbert A. Martinez, Judge The People of the State of Colorado, Plaintiff-Appellee, v. Noel Lavertt King, Jr., Defendant-Appellant. JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Division II Opinion by JUDGE KUHN Fox and Sullivan, JJ., concur NOT PUBLISHED PURSUANT TO C.A.R. 35(e) Announced May 7, 2026 Philip J. Weiser, Attorney General, Claire V. Collins, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee Megan A. Ring, Colorado State Public Defender, Kelly A. Corcoran, Deputy State Public Defender, Denver, Colorado, for Defendant-Appellant ¶1 Defendant, Noel Lavertt King, Jr., appeals his conviction for one count of first degree burglary and two counts of violation of a protection order. We reverse and remand for further proceedings. I. Background ¶2 In 2021, King was restrained by two protection orders that prevented him from contacting his wife, contacting his two daughters, or going near the family home. In the early morning of September 3, King entered the home and assaulted the protected parties. Police arrived after a 911 call and arrested King. ¶3 In relevant part, the charges brought against King included violations of the protection orders and burglary by unlawfully entering the home with the intent to violate the protection orders. ¶4 During trial, the court granted the prosecution’s request to take judicial notice of the facts that King had been advised of the two protection orders and that the protection orders remained active on September 3. ¶5 The jury found King guilty of one count of first degree burglary, two counts of violation of a protection order, and six 1  counts not raised on appeal.1 See § 18-4-202(1), C.R.S. 2025; § 18-6-803.5(1)(a), C.R.S. 2025. The trial court sentenced him to a controlling sentence of twelve years in the custody of the Department of Corrections. II. Analysis ¶6 On appeal, King claims that the trial court (1) improperly took judicial notice and (2) violated his due process rights. We consider each contention in turn. A. Improper Judicial Notice ¶7 King contends that the trial court abused its discretion by taking judicial notice under CRE 201 of the adjudicative facts that King had had actual knowledge of the two protection orders and that the protection orders remained in effect on September 3, 2021. We agree as to the former. 1 These unchallenged counts are two counts of child abuse, one count of second degree assault, two counts of third degree assault, and one count of obstruction of telephone or telegraph service. See § 18‑6‑401(1)(a), (7)(a)(III), (7)(a)(V), C.R.S. 2025; § 18‑3‑203(1)(g), C.R.S. 2025; § 18‑3‑204(1)(a), C.R.S. 2025; § 18‑9‑306.5(1), C.R.S. 2025. The jury also found King not guilty of one count of child abuse, one count of second degree assault, two counts of third degree assault, and one count of a crime of violence sentence enhancer. See § 18-6-401(1)(a), (7)(a)(V); § 18-3-203(1)(g); § 18-3-204(1)(a); § 18‑1.3‑406(2)(a)(I)(B), C.R.S. 2025. 2  1. Additional Background ¶8 During trial, the prosecution admitted into evidence two mandatory protection orders against King, issued in El Paso County Case Nos. 21M3966 and 21M2394 on July 28 and May 17, 2021, respectively. The prosecutor noted that minute orders in each case indicated that King had been advised of and had acknowledged each protection or