Maes v. People, No. 24304

Docket NºNo. 24304
Citation494 P.2d 1290, 178 Colo. 46
Case DateMarch 27, 1972
CourtSupreme Court of Colorado

Page 1290

494 P.2d 1290
178 Colo. 46
Rosendo Alfredo MAES, a/k/a Ross Alfred Maes, Plaintiff in Error,
v.
The PEOPLE of the State of Colorado, Defendant in Error.
No. 24304.
Supreme Court of Colorado, In Department.
March 27, 1972.

[178 Colo. 47]

Page 1291

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.

ERICKSON, Justice.

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 [178 Colo. 48] 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.

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10 practice notes
  • People v. Borghesi, No. 01SC479.
    • United States
    • Colorado Supreme Court of Colorado
    • March 24, 2003
    ...larcenous 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 ......
  • People v. Marquez, No. 82SA307
    • United States
    • Colorado Supreme Court of Colorado
    • December 17, 1984
    ...§ 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......
  • Hervey v. People, No. 24038
    • United States
    • Colorado Supreme Court of Colorado
    • March 27, 1972
    ...on the part of the prosecutor to ask questions and to make statements which implied the existence of a factual predicate which he knew he [178 Colo. 46] could not support with evidence. American Bar Association Standards of Criminal Justice Relating to The Prosecution Function, §§ 5.6(b), 5......
  • People v. Warner, No. 90SC13
    • United States
    • Colorado Supreme Court of Colorado
    • December 10, 1990
    ...evading punishment on the technicality of being charged with violating the wrong law. See § 18-4-403, 8B C.R.S. (1986); Maes v. People, 178 Colo. 46, 48, 494 P.2d 1290, 1291 (1972). While the technical distinctions of the various crimes were eliminated through consolidation, much of the sub......
  • Request a trial to view additional results
10 cases
  • People v. Borghesi, No. 01SC479.
    • United States
    • Colorado Supreme Court of Colorado
    • March 24, 2003
    ...larcenous 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 ......
  • People v. Marquez, No. 82SA307
    • United States
    • Colorado Supreme Court of Colorado
    • December 17, 1984
    ...§ 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......
  • Hervey v. People, No. 24038
    • United States
    • Colorado Supreme Court of Colorado
    • March 27, 1972
    ...on the part of the prosecutor to ask questions and to make statements which implied the existence of a factual predicate which he knew he [178 Colo. 46] could not support with evidence. American Bar Association Standards of Criminal Justice Relating to The Prosecution Function, §§ 5.6(b), 5......
  • People v. Warner, No. 90SC13
    • United States
    • Colorado Supreme Court of Colorado
    • December 10, 1990
    ...evading punishment on the technicality of being charged with violating the wrong law. See § 18-4-403, 8B C.R.S. (1986); Maes v. People, 178 Colo. 46, 48, 494 P.2d 1290, 1291 (1972). While the technical distinctions of the various crimes were eliminated through consolidation, much of the sub......
  • Request a trial to view additional results

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