PEOPLE v. TINKLE

No. 84CA0435.

714 P.2d 919 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Donald E. TINKLE, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing January 9, 1986.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Milton Hutchins, First Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Duane M. Kline, III, Pamela A. Stross, Deputy State Public Defenders, Denver, for defendant-appellant.


PIERCE, Judge.

Defendant, Donald E. Tinkle, appeals from the trial court's denial of his motion for judgment of acquittal of the charge of theft. Defendant moved for judgment of acquittal at the close of the prosecution's case, at the close of all of the evidence, and after the jury returned a verdict of guilty of theft under § 18-4-401(1)(b), C.R.S. We reverse defendant's conviction.

The evidence presented at trial showed the following events. Defendant...

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