Maes v. People, 24304
| Citation | 494 P.2d 1290,178 Colo. 46 |
| Decision Date | 27 March 1972 |
| Docket Number | No. 24304,24304 |
| Parties | Rosendo Alfredo MAES, a/k/a Ross Alfred Maes, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Supreme Court of Colorado |
Love, Cole, Murphy, Herbert, Hecox & Tolley, Thomas E. Berg, Colorado Springs, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendant in error.
This writ of error was prosecuted after a jury convicted the defendant, Rosendo Alfredo Maes, of the crime of robbery. He asserts that the trial court committed error in failing to properly instruct the jury on his theory of the case and on lesser included offenses. We find no error and affirm.
The facts in this case reflect a robbery which followed a drinking bout. After an afternoon in a bar, the defendant, together with an individual named Valdez, entered a pawn shop in Colorado Springs for the alleged purpose of purchasing a watch for the defendant. While the defendant was haggling over the price of a watch, Valdez indicated to the pawn shop owner and his family that he had a gun and ordered them all to lie down on the floor. Thereafter, as Valdez scooped the money out of the cash register, the defendant told Valdez to kill the owner of the pawn shop and his family. The defendant also ordered patrons in the pawn shop to get down on the floor during the course of the robbery. As the defendant and Valdez left the shop following the robbery, the police arrived and the two men were arrested.
On appeal, the defendant contends that in addition to the instruction which the court gave on the charge of robbery, the court should have given an instruction on the lesser included offense of theft by threat. Subsequent to the filing of briefs in this case, we announced Schott v. People, Colo., 482 P.2d 101 (1971), in which we held that a crime of robbery does not encompass a lesser included offense of theft by threat. In enacting the theft statute, the Legislature intended to define one crime of theft which would incorporate all crimes involving the taking or obtaining of personal property without physical force and to eliminate distinctions and technicalities which previously exist in the pleading and proof of such crimes. See Colo. Sess.Laws 1967, ch. 312, § 1 and § 19, pp. 573, 574, 578, and sections thereby repealed.
The defendant also contends that the jury should have been...
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...component of robbery. For example, penalties do not vary based upon the value of the property taken. See, e.g. Maes v. People, 178 Colo. 46, 48, 494 P.2d 1290, 1291 (1972). Proof of ownership of the property taken is immaterial so long as the victim had sufficient control over it at the tim......
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...§ 18-1-901(3)(r), 8 C.R.S. (1978). The kind and value of property taken in a robbery prosecution is immaterial. Maes v. People, 178 Colo. 46, 494 P.2d 1290 (1972) (defendant's instruction that robbery carries with it the lesser included offenses of petty and grand theft improper because kin......
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