PEOPLE v. TRUJILLO

No. 78-784.

624 P.2d 924 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Benny J. TRUJILLO, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied January 2, 1981.

Certiorari Denied March 16, 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., Robert C. Lehnert, Denver, for plaintiff-appellee.

Lawrence J. Schoenwald, Sp. Deputy State Public Defender, Denver, for defendant-appellant.


BERMAN, Judge.

Defendant appeals jury-trial convictions of second degree burglary of a dwelling and second degree burglary of a building. We reverse and remand for a new trial.

Evidence adduced at trial showed that on August 2, 1976, defendant, then 17 years of age, knocked on the door of a residential duplex in Greeley, Colorado, and, receiving no answer, entered by crawling through a window. A neighbor observed...

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