PEOPLE v. JOHNSON

No. 77-150.

585 P.2d 306 (1978)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Warren L. JOHNSON, Defendant-Appellant.

Colorado Court of Appeals, Division III.

As Modified on Denial of Rehearing August 10, 1978.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Solr. Gen., James S. Russell, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, Richard T. Casson, Deputy State Public Defender, Steamboat Springs, for defendant-appellant.


PIERCE, Judge.

Defendant, Warren L. Johnson, appeals his jury conviction of attempted second degree burglary and criminal mischief. We affirm the criminal mischief conviction, but reverse the conviction for criminal attempt.

The People's principal witness testified that on the night of June 7, 1976, she saw someone on a light colored bicycle ride up the sidewalk and driveway of the house across the street. During a brief period when the bicycle rider was out...

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