People v. Fresquez

Decision Date09 September 1974
Docket NumberNo. 25813,25813
Citation526 P.2d 146,186 Colo. 146
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Gilbert R. FRESQUEZ, Defendant-Appellant.
CourtColorado Supreme Court

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Robert C. Lehnert, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Dorian E. Welch, Deputy State Public Defender, Denver, for defendant-appellant.

GROVES, Justice.

The defendant was convicted in the district court of theft of property valued in excess of $100, a felony. We reverse.

The testimony was in conflict. JoAnn Gallegos, the People's principal witness and a saleswoman for White Stores, Inc., testified as follows: that on November 26, 1971, around 2:30 to 3:00 p.m., she saw the defendant and another man enter the store; that she asked if she could help them and received a 'just looking' response; that shortly thereafter, while waiting on another customer, she saw the defendant carry a portable television set out of the store; and that she observed the defendant fleeing in a car which was subsequently shown to belong to the defendant.

The defendant and Alfred Rodriguez, a friend of the defendant, both testified that around 2:30 p.m. of the afternoon in question, the defendant, Rodriguez, and Rodriguez' son left the defendant's home and boarded a bus. At 2:45 to 3:00 p.m. they arrived at a methadone clinic where the defendant received treatment. The three departed for home within a half hour.

Defense witness Margaret McAllen, an administrative secretary and custodian of records at the methadone clinic, testified that her records showed that the defendant had received methadone at 3:30 p.m. on November 26, 1971. She also testified that the records showed that the defendant had given a urine sample that day, and that, in order to have given such a sample, the defendant would have had to have been at the clinic at least fifteen minutes prior to 3:30 p.m.

A police officer, being the People's rebuttal witness, testified that it had taken him eighteen minutes to drive from White Stores, Inc. to the methadone clinic.

During cross-examination of JoAnn Gallegos, defense counsel attempted to elicit testimony to the effect that the alleged crime could have occurred after 3:00 p.m. Upon objection by the People, the trial court cut off this line of inquiry and made a statement in the jury's presence which implied that the time element was not an important factor in the case. The defendant argues, and we agree, that this limitation of cross-examination constituted an abuse of the trial court's discretion.

The right of cross-examination is constitutionally...

To continue reading

Request your trial
6 cases
  • People v. Harris
    • United States
    • Colorado Supreme Court
    • July 5, 1988
    ...of the witness, cross-examination on matters related to the jacket should have been permitted. CRE 611(b); cf. People v. Frezquez, 186 Colo. 146, 526 P.2d 146 (Colo.1974). The prosecution asserts that defense counsel erred in failing to make an offer of proof. CRE 103 provides, in pertinent......
  • People v. District Court In and For City and County of Denver
    • United States
    • Colorado Supreme Court
    • June 2, 1986
    ...may exercise its discretion to limit cross-examination without violating the defendant's right of confrontation. See People v. Fresquez, 186 Colo. 146, 526 P.2d 146 (1974); Simms v. People, 174 Colo. 85, 482 P.2d 974 (1971). Thus, this court has upheld the trial court's authority to prohibi......
  • People v. Reynolds
    • United States
    • Colorado Supreme Court
    • February 6, 1978
    ...a trial court's decision if there has been abuse of discretion in restricting direct or cross-examination. E. g., People v. Fresquez, 186 Colo. 146, 526 P.2d 146; Ohr v. Ohr, 30 Colo.App. 540, 495 P.2d 1156. On the facts of this case, we find such an abuse of The crucial issue in this case ......
  • People v. Moore
    • United States
    • Colorado Supreme Court
    • April 11, 1977
    ...the scope of cross-examination, and, absent abuse of that discretion, its rulings will not be disturbed on appeal. People v. Fresquez, 186 Colo. 146, 526 P.2d 146 (1974); People v. Chavez, 182 Colo. 216, 511 P.2d 883 (1973). Here there was no abuse of discretion. The trial court allowed tes......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT