PEOPLE v. BOZEMAN

No. 78-1208.

624 P.2d 916 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John David BOZEMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

November 28, 1980.


Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Mary R. Ricketson, Asst. Atty. Gen., Denver, for plaintiff-appellee.

J. Gregory Walta, Colorado State Public Defender, Stephen M. Brett, Sp. Deputy Public Defender, Denver, for defendant-appellant.


SMITH, Judge.

Defendant, John David Bozeman, appeals his conviction for second degree burglary. We affirm.

Bozeman seeks reversal on three grounds: (1) that a judgment of acquittal should have been entered in that the People failed to prove that the defendant had "unlawfully entered or remained" in the subject premises as required by § 18-4-203, C.R.S. 1973; (2) that the court erred in denying defendant's motion for a mistrial made because a witness exhibited...

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