PEOPLE v. WARNER

No. 90SC13.

801 P.2d 1187 (1990)

The PEOPLE of the State of Colorado, Petitioner, v. Ernest L. WARNER, Respondent.

Supreme Court of Colorado, En Banc.

December 10, 1990.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Donna Skinner Reed, Sp. Asst. Atty. Gen., Golden, for petitioner.

David F. Vela, State Public Defender, Janet Fullmer Youtz, Deputy State Public Defender, Denver, for respondent.


Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari in this case to consider whether the crime of theft from the person of another, § 18-4-401(5), 8B C.R.S. (1986), includes a theft accomplished by a series of short-change transactions between the defendant and a store cashier. The court of appeals held that the evidence failed to establish a theft from the person of another. The court reversed the defendant's class 5 felony conviction under...

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