People v. Czajkowski, s. 27145
Decision Date | 11 July 1977 |
Docket Number | Nos. 27145,27171 and 27172,s. 27145 |
Citation | 193 Colo. 352,568 P.2d 23 |
Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Walter S. CZAJKOWSKI, Thomas Sandoval, and Brady Lee Curry, Defendants-Appellees. |
Court | Colorado Supreme Court |
Robert R. Gallagher, Jr., Dist. Atty., James C. Sell, Deputy Dist. Atty., Littleton, for plaintiff-appellant.
Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Carol L. Gerstl, Deputy State Public Defender, Denver, for defendants-appellees.
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., David K. Rees, Asst. Atty. Gen., Denver, for intervenors.
These are three separate appeals by the defendants. They were consolidated before any briefs were filed. By separate information, each defendant was charged with theft of auto parts under section 42-5-104, C.R.S.1973. One defendant was charged with taking a tire and wheel from a car; the second defendant with removing a car battery and battery cable; and the third defendant with removing and taking four wheels and tires. In each case the charge was dismissed by reason of the district court's ruling that the statute is unconstitutional. The first dismissal was entered by Judge Greene on January 30, 1976, and the other two by Judge Kelley a little over a month later. The district attorney appealed the ruling and the Attorney General intervened to argue that the statute is unconstitutional. We reverse.
Section 104 provides in part:
"Any person who willfully and feloniously removes, detaches, or takes from an automobile which is the property of another any part . . . contained on, or forming a part thereof, of a total or combined value of twenty dollars or more . . . is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state penitentiary for not less than one year nor more than ten years."
In making his ruling, Judge Greene stated:
We note initially that, while section 104 has not been amended, it has not been overlooked by the General Assembly. This section's counterpart is section 42-5-103, C.R.S.1973, making the theft of auto parts having a value of less than $20 a misdemeanor. In 1963 the General Assembly amended section 103, retaining the line of demarkation between felonies and misdemeanors at $20. Further, companion section 102 ( ) was amended in 1963 and again in 1976. In 1976 there were amendments to counterpart sections 106 ( ), 107 (seizure by officers of autos whose engine number has been altered), and 109 (report of motor vehicle stored or parked more than 30 days). In the light of the foregoing, the legislature obviously intended not to change section 104.
The general theft statute gives this definition:
"A person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization or by threat...
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