People v. Lobato, No. 26008

Docket NºNo. 26008
Citation530 P.2d 493, 187 Colo. 285
Case DateJanuary 13, 1975
CourtSupreme Court of Colorado

Page 493

530 P.2d 493
187 Colo. 285
The PEOPLE of the State of Colorado, Plaintiff-Appellee,
v.
Gerald Jerome LOBATO, Defendant-Appellant.
No. 26008.
Supreme Court of Colorado, En Banc.
Jan. 13, 1975.

[187 Colo. 286]

Page 494

John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Gregory L. Williams, Asst. Atty. Gen., Denver, for plaintiff-appellee.

[187 Colo. 287] Rollie R. Rogers, Colo. State Public Defender, James F. Dumas, Jr., Chief Deputy Public Defender, Thomas M. Van Cleave III, Deputy State Public Defender, Denver, for defendant-appellant.

PRINGLE, Chief Justice.

The defendant, Gerald Jerome Lobato, appeals from his convictions of robbery and third-degree assault. He contends that the evidence was insufficient to support the guilty verdicts and that the trial court improperly permitted testimony that one of the persons at the scene of the alleged offenses pointed a gun at the robbery victim. We disagree with the defendant and therefore affirm the convictions.

The charges in this case grew out of events occurring in the late evening of September 4, 1972 and the early morning of September 5, 1972. Daryle and Dorothy Baker had been drinking in a neighborhood bar in Colorado Springs and were proceeding in separate cars to another bar for a final drink and an early breakfast. Mrs. Baker was proceeding in the lead car, and another car backed out of a parking space and struck the side of her car. She stopped to exchange information with the driver of the other car, and a seemingly hostile crowd began to form around the two drivers. A man with a gun initially prevented Mr. Baker from getting out of his car, but the gunman was distracted by a commotion in the crowd which enabled Mr. Baker to join his wife. Because of the situation, Mr. Baker suggested to his wife that they leave the scene of the accident, and Mr. Baker again followed his wife in his car.

Mrs. Baker, however, changed her mind and circled a couple of blocks to return to the accident scene to obtain the name of the driver who had backed into her. After arriving at the scene again, a man identified only by Mr. Baker as the defendant reached through the doorway of Mrs. Baker's car and began choking her with one hand. Mr. Baker then approached the defendant and demanded that he get out of his wife's car. Heated words were exchanged, and when Mr. Baker turned to face a disturbance in [187 Colo. 288] the crowd, the defendant hit him. Baker fell to the ground and was kicked several times by the defendant. When Baker finally regained his feet, he was pushed onto the front seat of his wife's car by Lobato. As he was falling into the car, Baker felt his billfold being removed from his rear pocket, and

Page 495

he turned...

To continue reading

Request your trial
22 practice notes
  • Rojas v. People, Supreme Court Case No. 20SC399
    • United States
    • Colorado Supreme Court of Colorado
    • February 22, 2022
    ...have a propensity to engage in criminal conduct, "[c]riminal occurrences do not always take place on a sterile stage." People v. Lobato, 187 Colo. 285, 530 P.2d 493, 496 (1975). So, res gestae evidence — septic though it sometimes may be—has been admitted because it is "linked in time and c......
  • Rojas v. People, 20SC399
    • United States
    • Colorado Supreme Court of Colorado
    • February 21, 2022
    ...have a propensity to engage in criminal conduct, "[c]riminal occurrences do not always take place on a sterile stage." People v. Lobato, 530 P.2d 493, 496 (Colo. 1975). So, res gestae evidence-septic though it sometimes may be-has been admitted because it is "linked in time and circumstance......
  • Zapata v. People, Supreme Court Case No. 16SC552
    • United States
    • Colorado Supreme Court of Colorado
    • October 15, 2018
    ...episode in the context in which it happened.’ " People v. Galang , 2016 COA 68, ¶ 15, 382 P.3d 1241, 1245 (quoting People v. Lobato , 187 Colo. 285, 530 P.2d 493, 496 (1975) ); see also People v. Quintana , 882 P.2d 1366, 1373 (Colo. 1994) (Res gestae seeks "to provide the fact-finder with ......
  • People v. Czemerynski, No. 88SA280
    • United States
    • Colorado Supreme Court of Colorado
    • February 12, 1990
    ...no error is committed by permitting the jury to view the criminal episode in the context in which it happened." People v. Lobato, 187 Colo. 285, 289-90, 530 P.2d 493, 496 Evidence of other criminal conduct that occurs "contemporaneously with or is part and parcel of the crime charged is con......
  • Request a trial to view additional results
22 cases
  • Rojas v. People, Supreme Court Case No. 20SC399
    • United States
    • Colorado Supreme Court of Colorado
    • February 22, 2022
    ...have a propensity to engage in criminal conduct, "[c]riminal occurrences do not always take place on a sterile stage." People v. Lobato, 187 Colo. 285, 530 P.2d 493, 496 (1975). So, res gestae evidence — septic though it sometimes may be—has been admitted because it is "linked in time and c......
  • Rojas v. People, 20SC399
    • United States
    • Colorado Supreme Court of Colorado
    • February 21, 2022
    ...have a propensity to engage in criminal conduct, "[c]riminal occurrences do not always take place on a sterile stage." People v. Lobato, 530 P.2d 493, 496 (Colo. 1975). So, res gestae evidence-septic though it sometimes may be-has been admitted because it is "linked in time and circumstance......
  • Zapata v. People, Supreme Court Case No. 16SC552
    • United States
    • Colorado Supreme Court of Colorado
    • October 15, 2018
    ...episode in the context in which it happened.’ " People v. Galang , 2016 COA 68, ¶ 15, 382 P.3d 1241, 1245 (quoting People v. Lobato , 187 Colo. 285, 530 P.2d 493, 496 (1975) ); see also People v. Quintana , 882 P.2d 1366, 1373 (Colo. 1994) (Res gestae seeks "to provide the fact-finder with ......
  • People v. Czemerynski, No. 88SA280
    • United States
    • Colorado Supreme Court of Colorado
    • February 12, 1990
    ...no error is committed by permitting the jury to view the criminal episode in the context in which it happened." People v. Lobato, 187 Colo. 285, 289-90, 530 P.2d 493, 496 Evidence of other criminal conduct that occurs "contemporaneously with or is part and parcel of the crime charged is con......
  • 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