ITIN v. UNGAR

No. 99SC35.

17 P.3d 129 (2000)

Thomas W. ITIN, Petitioner/Cross-Respondent, v. Bertrand T. UNGAR, P.C.; and Bertrand T. Ungar, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing November 28, 2000.


Attorney(s) appearing for the Case

Myer, Swanson, Adams & Wolf, P.C., Thomas J. Wolf, John M. Anderson, Denver, CO, Attorneys for Petitioner.

Gibson, Dunn & Crutcher L.L.P., Gregory J. Kerwin, Jessica Lee, Birge & Mayes, P.C., Thomas D. Birge, Denver, CO, Attorneys for Respondents.


Justice BENDER delivered the Opinion of the Court.

I. INTRODUCTION

In this appeal, we hold that a victim seeking civil recovery of treble damages, costs, and fees under the Rights in Stolen Property statute need not prove that the defendant suffered a prior conviction for the crime of theft, robbery, or burglary. A jury in this case found that the defendant, Bertrand T. Ungar, committed acts that constitute the crime of theft when he knowingly exercised...

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