PEOPLE v. GERMANY

No. 80CA0092.

643 P.2d 776 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. James C. GERMANY, Defendant-Appellant.

Colorado Court of Appeals, Division I.

Rehearing Denied December 4, 1980.

Certiorari Granted January 12, 1981.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sp. Asst. Atty. Gen., Morgan Rumler, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Marks & Olom, Jonathan L. Olom, Denver, for defendant-appellant.


VAN CISE, Judge.

Defendant, James C. Germany, appeals from a judgment entered on his jury conviction of second degree burglary of a dwelling, § 18-4-203(2), C.R.S.1973, and contends (1) the evidence was insufficient to establish he had the specific intent to commit the ulterior crime of theft, and (2) he was improperly sentenced as a habitual criminal. We affirm.

The present appeal is from a second trial of this...

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