WEST v. ROBERTS

No. 05SC358.

143 P.3d 1037 (2006)

Kenneth James WEST, Petitioner v. Tammy ROBERTS, a/k/a Tammie Roberts, Respondent.

Supreme Court of Colorado, En Banc.

October 10, 2006.


Attorney(s) appearing for the Case

Frie, Arndt & Danborn P.C., Paul R. Danborn, Arvada, Colorado, Attorneys for Petitioner.

Law Offices of Joaquin G. Padilla, PLLC, Joaquin G. Padilla, Lucia Padilla Gallery, Denver, Colorado, Attorneys for Respondent.


Justice BENDER delivered the Opinion of the Court.

I. Introduction

We review on certiorari an appellate decision from the district court, which construed Colorado Revised Statute section 18-4-405. We hold that this statute, which permits the rightful owner of stolen property to recover that property from the possession of another person, does not apply when the rightful owner intends to part with the property.

Kenneth James West relinquished his...

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