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PEOPLE v. COCA

No. 75-699.

564 P.2d 431 (1977)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alfred David COCA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

May 5, 1977.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Carol L. Gerstl, Deputy State Public Defender, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Alfred Coca, appeals his conviction of burglary and felony theft. We reverse.

I.

Defendant's principal contention is that the trial court erred in ruling that an accomplice was competent to testify. We agree that reversible error was committed in this regard.

The accomplice had been adjudicated as criminally insane in March 1974, and had been confined in the State Hospital...

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