PEOPLE v. CASIAS

No. 79CA0095.

603 P.2d 969 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Thomas J. CASIAS, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

October 25, 1979.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., William Morris, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Public Defender, Robert A. Breindel, Deputy Public Defender, Denver, for defendant-appellant.


ENOCH, Chief Judge.

Defendant was convicted of second degree burglary in a trial to the court. His basic defense was intoxication. On appeal he contends that the prosecution did not sustain its burden of proof as to the element of specific intent, and that the trial court improperly assumed the role of prosecutor by cross-examining defendant's expert witness. We disagree and affirm the conviction.

Defendant was arrested on Christmas Eve, 1977, in a Denver...

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