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PEOPLE v. McCOY

No. 86SA166.

764 P.2d 1171 (1988)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, Cross-Appellee, v. Weldon Bruce McCOY, Defendant-Appellee, Cross-Appellant.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 5, 1988.

Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., Manson C. Jolliffe, Bruce H. Rabun and Richard H. Bloch, Deputy Dist. Attys., Littleton, for plaintiff-appellant, cross-appellee.

William J. Fritsche, Basalt, for defendant-appellee, cross-appellant.

LOHR, Justice.

A jury found the defendant, Weldon Bruce McCoy ("McCoy" or "the defendant"), guilty of one count of theft by receiving, § 18-4-410, 8 C.R.S. (1978). The Arapahoe County District Court treated the offense as a class 2 misdemeanor and sentenced McCoy to a term of three months in the Arapahoe County Jail, with two months suspended. The People appeal from the judgment of conviction, arguing that McCoy should have been convicted and sentenced for a...

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