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PEOPLE v. JOHNSON

No. 27291.

564 P.2d 116 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Roy JOHNSON, Defendant-Appellant.

Supreme Court of Colorado, En Banc.

Addendum July 18, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Solicitor Gen., David K. Rees, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Denver, Peter Schild Deputy State Public Defender, La Junta, for defendant-appellant.

GROVES, Justice.

Five rifles, valued by their owner at about $1,125, were taken in a burglary of the owner's residence. Defendant purchased these rifles for $75 each. In a trial to the court he was convicted of theft by receiving. Section 18-4-410(1) and (2), C.R.S.1973 (1976 Supp.). We remand for further findings.

The above cited statute provides:

"(1) A person commits theft by receiving when he receives, retains, loans money by pawn or pledge on...

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