PEOPLE v. CARD

No. 77-141.

596 P.2d 402 (1979)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Bruce Arthur CARD, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

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

J. Gregory Walta, Colo. State Public Defender, Steven H. Denman, Deputy State Public Defender, Denver, for defendant-appellant.


VanCISE, Judge.

Defendant appeals his convictions on three counts of felony theft, three counts of second degree burglary, and one count of petty theft. We affirm.

I.

Defendant contends that the evidence was insufficient to support the instruction given by the court on exclusive unexplained possession of recently stolen property. Upon such an instruction, the jury may conclude that defendant committed the burglary. See People v. McClendon,

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