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PEOPLE v. CONTRERAS

No. 27571.

575 P.2d 433 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jimmie Conception CONTRERAS, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

March 6, 1978.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., John C. Jordan, Chief Deputy Dist. Atty., James C. Sell, Deputy Dist. Atty., Eighteenth Judicial District, for plaintiff-appellant.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Allen P. Cox, Forrest W. Lewis, Deputy State Public Defenders, Littleton, for defendant-appellee.

PRINGLE, Chief Justice.

The defendant was charged with theft under section 18-4-401, C.R.S.1973, and was convicted of attempted theft under section 18-2-101, C.R.S.1973. The People appeal from the grant of defendant's motion for judgment of acquittal on the charge of theft.

Defendant was arrested for shoplifting eighteen men's shirts from the K-G Men's Store in Aurora. The record reveals that two employees of the store observed the defendant take a number...

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