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PEOPLE v. SMITH

No. 96SC25

938 P.2d 111 (1997)

The PEOPLE of the State of Colorado, Petitioner, v. Edgar L. SMITH Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 19, 1997.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John Daniel Dailey, Deputy Attorney General, Robert Mark Russel, First Assistant Attorney General, Deborah Isenberg Pratt, Assistant Attorney General, Criminal Enforcement Section, Denver, for Petitioner.

John Turner, Colorado Springs, for Respondent.

Justice KOURLIS delivered the Opinion of the Court.

Edgar Smith was tried on charges of second degree burglary and theft. The jury acquitted Smith of burglary and was unable to reach a verdict on the theft charge. We granted certiorari in People v. Smith, 919 P.2d 843 (Colo.App.1995), to consider whether the doctrine of collateral estoppel barred reprosecution of Smith for the crime of theft. Because we determine that the burglary...

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