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PEOPLE v. PAIVA

No. 86SA410.

765 P.2d 581 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Robert J. PAIVA, Defendant-Appellee.

Supreme Court of Colorado.

December 19, 1988.

Attorney(s) appearing for the Case

G.F. Sandstrom, Dist. Atty., Steve L. Jensen, Deputy Dist. Atty., Pueblo, for plaintiff-appellant.

David F. Vela, Colorado State Public Defender, Steve E. Alcala, Deputy State Public Defender, Pueblo, for defendant-appellee.

ERICKSON, Justice.

This is an appeal by the prosecution pursuant to section 16-12-102, 8A C.R.S. (1986). The sole question before us on appeal is whether the trial judge erred as a matter of law in granting a defense motion for a judgment of acquittal after a jury had found the defendant, Robert J. Paiva, guilty of attempted theft. § 18-4-401, 8B C.R.S. (1986).

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