PEOPLE v. BANUELOS

No. 76-827.

577 P.2d 305 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. William Gilbert BANUELOS, Defendant-Appellant.

Colorado Court of Appeals, Division II.

Rehearing Denied January 26, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., James E. Thompson, Lynne M. Ford, Asst. Attys. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Lee J. Belstock, Deputy State Public Defender, Denver, for defendant-appellant.


STERNBERG, Judge.

Defendant William Gilbert Banuelos appeals his conviction by a jury of first degree criminal trespass. Because the court did not give the jury a tendered instruction on the lesser non-included offense of second degree criminal tampering, we reverse.

At the trial the prosecution's witnesses testified that they saw Banuelos at the site of a pickup truck, that he appeared to be looking for something in the bed of the truck, and that a bicycle...

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