PEOPLE v. WARNER

No. 87CA1762.

790 P.2d 866 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ernest L. WARNER, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied December 7, 1989.

Certiorari Granted April 2, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H.

Forman, Sol. Gen., and Cheryl A. Linden, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Janet Fullmer Youtz, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge PIERCE.

Defendant, Ernest L. Warner, appeals the judgment of conviction entered on a jury verdict finding him guilty of theft from the person of another. We reverse.

The record establishes that defendant used a series of short-change transactions to obtain money from a store cashier. Defendant originally approached the cashier to make a purchase while an accomplice stood nearby distracting other customers in the store. Defendant used a ten...

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