PEOPLE v. ROSIDIVITO

No. 95CA0608.

940 P.2d 1038 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Eric J. ROSIDIVITO, Defendant-Appellant.

Colorado Court of Appeals, Div. B.

Rehearing Denied December 5, 1996.

Certiorari Denied July 21, 1997.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Jacque L. Russell, Assistant Attorney General, Kim Montagriff, Assistant Attorney General, Denver, for Plaintiff-Appellee.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, for Defendant-Appellant


Opinion by Judge NEY.

Defendant, Eric Jay Rosidivito, appeals the judgment of conviction entered on jury verdicts finding him guilty of attempted theft over $15,000 and conspiracy to commit theft over $15,000. We reverse the trial court's denial of defendant's motion to dismiss, vacate the judgment of conviction, and remand for dismissal of all charges.

Charged with aggravated robbery, conspiracy to commit aggravated robbery, attempted theft over $15,000,...

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