PEOPLE v. GARCIA

No. 88CA0773.

784 P.2d 823 (1989)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Fred A. GARCIA, Defendant-Appellant.

Colorado Court of Appeals, Div. C.

Rehearing Denied July 27, 1989.

Certiorari Denied December 4, 1989.


Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., and John J. Krause, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, Colorado State Public Defender, and Kathleen A. Lord, Deputy State Public Defender, Denver, for defendant-appellant.


Opinion by Judge STERNBERG.

The defendant, Fred A. Garcia, appeals the judgment of conviction entered on a jury verdict finding him guilty of third degree burglary. We affirm.

The prosecution's evidence established that two police officers patrolling the downtown Denver area after dark observed defendant standing next to a payment box located within an unattended parking lot. They witnessed defendant walk to the front of the box and raise his hands above his...

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