PEOPLE v. MENDRO

No. 85SA177.

731 P.2d 704 (1987)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Joseph W. MENDRO, Defendant-Appellee.

Supreme Court of Colorado, En Banc.

January 20, 1987.


Attorney(s) appearing for the Case

Barney Iuppa, Dist. Atty., Lovice D. Riffe, Deputy Dist. Atty., Colorado Springs, for plaintiff-appellant.

J. Gregory Walta Colorado Springs, for defendant-appellee.


VOLLACK, Justice.

The People appeal the trial court's acquittal of the defendant on felony theft, pursuant to section 18-4-401, 8B C.R.S. (1986). The trial court, sitting as the trier of fact, found the People sustained their burden of proof beyond a reasonable doubt to all the elements of theft. However, the court ruled that a prosecution under the theft statute for violation of the mechanic's lien statute, section 38-22-127, 16A C.R.S. (1982), required proof of...

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