People v. Coca, 25714
| Decision Date | 22 April 1974 |
| Docket Number | No. 25714,25714 |
| Citation | 185 Colo. 10,521 P.2d 781 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Alfred D. COCA, Defendant-Appellant. |
| Court | Colorado Supreme Court |
John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee.
Francisco E. Martinez, Alamosa, Kirk P. Brown, Pueblo, for defendant-appellant.
Appellant was charged by information with burglary, conspiracy to commit burglary, and theft. He was acquitted by a jury of burglary but convicted of conspiracy to commit burglary. The court declared a mistrial as to the theft count, upon which the jury could not agree.
Appellant seeks reversal of his conspiracy conviction, contending that the verdict of guilty to the conspiracy count was inconsistent and irreconcilable with the verdict of not guilty on the burglary count. He further contends that the evidence was insufficient to sustain the verdict of guilt. We disagree with each contention and affirm the conviction.
The record discloses that on the evening of November 28, 1971, appellant and two companions, all former inmates at the state penitentiary, were traveling by automobile from Pueblo toward Grand Junction. They arrived at Gibson's Discount Center, the scene of the burglary, just west of Alamosa on highway U.S. 160. While en route, according to appellant's own testimony, there was a discussion about committing a burglary in Monte Vista. Appellant, however, testified that he disclaimed any interest in the proposed criminal activity and told his companions that he did not want to become involved.
The car in which the three were traveling was observed about 11 p.m. by Jerry Carroll, a partner of Gibson's Discount Center. The car turned into Carroll's trailer park, which was located near Gibson's; then it drove out, disappeared, and returned about five minutes later and parked in Carroll's driveway. Carroll then observed three persons leave the car and proceed toward the rear of the Gibson store. Carroll immediately notified the Alamosa police department.
The police arrived within minutes and discovered a rear door of the store had been pried open and that various firearms had been removed. The firearms, a tire iron, a flashlight, and a loaded pistol were found outside the back of the store near some pallets. Three sets of footprints led from the automobile to the west end of the store building and from there to the back door. From the back door the footprints led to a ditch approximately eighty feet away, where appellant and his two companions were found hiding. The man were placed under arrest and taken to the county jail.
At trial, appellant testified that he knew nothing of a planned burglary. According to his testimony, the three were experiencing car difficulty and were looking for a friend of appellant's in one of the nearby trailer courts. Appellant suggested they park in the trailer court where Mr. Carroll lived so that appellant could start off across a field to locate his friend to obtain assistance. When he returned about five minutes later, he saw his companions running away from the store. He asked them what had happened, and they replied that an alarm had gone off and the police were on their way. Appellant saw a police car and jumped into the ditch with...
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Marquiz v. People, 84SC255
...differently in regard to each of the alleged conspirators. People v. Superior Court, 118 Cal.Rptr. at 704; cf. People v. Coca, 185 Colo. 10, 13, 521 P.2d 781, 783 (1974) ("A jury will not be permitted to believe the evidence for the purpose of the conspiracy and disbelieve it for the purpos......
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People v. Collins
...to be believed was a question of fact for the jury." Nunn v. People, supra, 177 Colo. at 90-91, 493 P.2d at 9. See People v. Coca, 185 Colo. 10, 13, 521 P.2d 781, 783 (1974)(although defendant testified at trial that he knew nothing of a planned burglary, court stated that "the jury was not......
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People v. Johnson, 79SA530
...no basis to contend that his conviction should be overturned because the jury was instructed on first-degree burglary. People v. Coca, 185 Colo. 10, 521 P.2d 781 (1974); Hughes v. People, 175 Colo. 351, 487 P.2d 810 (1971); Luna v. People, 161 Colo. 330, 421 P.2d 459 At the time defendant's......
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People v. Harrison, 85CA0960
...in the conspiracy and which is separate and independent from that of participation in the substantive offense. People v. Coca, 185 Colo. 10, 521 P.2d 781 (1974); People v. Williams, 707 P.2d 1023 (Colo.App.1985). Here, there is sufficient independent evidence in the record to implicate defe......