PEOPLE v. SMITH

No. 94CA0564.

919 P.2d 843 (1995)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Edgar L. SMITH, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 14, 1995.

Certiorari Granted June 24, 1996.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, and Deborah Isenberg Pratt, Assistant Attorney General, Denver, for Plaintiff-Appellee.

John Turner, Colorado Springs, for Defendant-Appellant.


Opinion by Judge BRIGGS.

Defendant, Edgar L. Smith, appeals the judgment of conviction entered on a jury verdict finding him guilty of theft. He asserts, among other things, that his second trial on that charge was precluded under the doctrine of collateral estoppel because, even though the jury could not reach a verdict on the charge of theft in the first trial, it acquitted him on a related charge of burglary. We reverse.

A home was burglarized at night...

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