People v. Brand, 78-354
| Decision Date | 29 November 1979 |
| Docket Number | No. 78-354,78-354 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael Thomas BRAND and Cathy Hoffman Brand, Defendants-Appellants. . III |
| Court | Colorado Court of Appeals |
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Lynne Ford, Asst. Atty. Gen., Denver, for plaintiff-appellee.
J. Gregory Walta, Colorado State Public Defender, Richard M. Jones, Sp. Deputy State Public Defender, Denver, for defendants-appellants.
Defendants, Michael and Cathy Brand, appeal their convictions on two felony counts of violating the provisions of § 38-22-127, C.R.S. 1973 (1978 Cum.Supp.). We reverse.
Defendants, as general contractors, built and sold a house and received the net sale price from their buyers. Subsequently mechanics' liens statements for unpaid construction bills were filed against the property by a subcontractor and a material supplier. When these lien claimants were not paid, a criminal information was filed in which these defendants were charged with violating § 38-22-127, C.R.S. 1973 (1978 Cum.Supp.). It was alleged that they knowingly failed to hold funds distributed to them as contractors in trust for payment of these lien claimants.
The statute provides, in pertinent part:
The People's evidence consisted mainly of the facts set forth above. There was no attempt to prove that any funds had been improperly disbursed by the contractors or that defendants had in any manner, other than as described above, acted in such a way as to satisfy any of the elements of theft as defined in § 18-4-401, C.R.S. 1973 (1978 Repl. Vol. 8).
Defendants contend that, on the evidence presented, they were entitled to judgments of acquittal. We ag...
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