PEOPLE v. HERBISON

No. 86CA1155.

761 P.2d 263 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Kathleen Michele HERBISON, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 23, 1988.

Certiorari Denied September 19, 1988.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Ann Feinstein Levis, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, Jaydee K. Bachman, Deputy State Public Defender, Denver, for defendant-appellant.


NEY, Judge.

Defendant, Kathleen Michele Herbison, appeals the judgment of conviction entered on a jury verdict finding her guilty of theft and conspiracy to commit theft. Defendant contends the trial court's jury instruction on her theory of the case denied her the right to present a defense. We agree and, therefore, reverse.

Defendant and her sister-in-law, Doris Murray, were shopping in a jewelry store when the manager noticed Ms. Murray attempting to put...

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