PEOPLE v. VILLA

No. 78-853.

605 P.2d 481 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John Annastico VILLA, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied November 8, 1979.

Certiorari Denied January 21, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Kathleen M. Bowers, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Douglas H. Brown, Sp. Deputy Public Defender, Colorado Springs, for defendant-appellant.


VAN CISE, Judge.

Defendant appeals his convictions of aggravated robbery and felony theft. We reverse.

A robbery occurred at a drive-in theater. An automobile with a male driver and a female passenger stopped by the ticket booth. The driver pointed a rifle at the two attendants and told them to place the theater's money in a bag, which they did.

The two employees in the ticket booth and another witness later identified the woman passenger and the automobile...

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