PEOPLE v. BORNMAN

No. 96CA0967.

953 P.2d 952 (1997)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steven L. BORNMAN, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied February 19, 1998.


Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, John J. Krause, Assistant Attorney General, Denver, for Plaintiff-Appellee.

David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for Defendant-Appellant.


Opinion by Judge CRISWELL.

Defendant, Stephen L. Bornman, appeals the judgment of conviction entered upon a jury verdict finding him guilty of theft of more than $400. He contends, among other things, that the jurors were improperly instructed that the mens rea requirement of "knowingly" did not apply to the element of "without authorization" under the theft statute. We agree; hence, we reverse and remand for a new trial.

I.

Section 18-4-401(1),...

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