PEOPLE v. DIAZ

No. 25456.

513 P.2d 444 (1973)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eloy DIAZ, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

August 27, 1973.


Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., David A. Sorenson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Deputy Chief State Public Defender, Lee Belstock, Deputy State Public Defender, for defendant-appellant.


PRINGLE, Chief Justice.

Defendant, Eloy Diaz, was tried and convicted of burglary and theft, in violation of 1967 Perm.Supp., C.R.S.1963, 40-3-5 and 1967 Perm.Supp., C.R.S.1963, 40-5-2, respectively. Defendant was sentenced to three to four years in the state penitentiary on each count, the sentences to run concurrently.

On appeal defendant contests the sufficiency of evidence of both burglary and theft. We agree that the conviction for burglary must be reversed...

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