SANTISTEVAN v. PEOPLE

No. 24680.

494 P.2d 75 (1972)

Leo SANTISTEVAN, also known as Leo John Santistevan, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error.

Supreme Court of Colorado, In Department.

February 28, 1972.


Attorney(s) appearing for the Case

Seavy, Abbot & Jensen, Alan N. Jensen, Pueblo, for plaintiff in error.

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for defendant in error.


GROVES, Justice.

The defendant Santistevan was convicted of burglary in the first degree, theft of furniture valued at $217, and conspiracy to commit burglary and theft. We reverse as to the burglary conviction and affirm as to the other two.

The defendant testified that he removed the furniture from the house in which it was located, but that he did so with permission. Prior to the time the furniture was removed, the tenants occupying the dwelling had permanently...

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