People v. Martinez, 79SA66
| Decision Date | 10 December 1979 |
| Docket Number | No. 79SA66,79SA66 |
| Citation | 198 Colo. 577,603 P.2d 944 |
| Parties | The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Alexander Peter MARTINEZ, Defendant-Appellee. |
| Court | Colorado Supreme Court |
Robert L. Russel, Dist. Atty., John T. Riggs, Deputy Dist. Atty., El Paso County, Colorado Springs, for plaintiff-appellant.
J. Gregory Walta, Colorado State Public Defender, Craig L. Truman, Chief Deputy State Public Defender, Margaret L. O'Leary, Deputy State Public Defender, Denver, for defendant-appellee.
We are again presented with another district attorney's appeal from an order of the trial court granting the defendant's motion for judgment of acquittal. We can only reiterate our position on such appeals:
"(T)his type of appeal challenging the sufficiency of the evidence serves little purpose and is rarely productive of any precedential value."
People v. Berry, Colo., 598 P.2d 1044 (1979). See also People v. Kirkland, 174 Colo. 362, 483 P.2d 1349 (1971). This case is no exception, especially in light of the fact that the trial court made it unmistakably clear on the record that it applied the correct standard for the granting of such motions as expressed by this court in People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973).
Judgment affirmed.
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People v. Ayala, 87SA187
...a trial court's determination of the sufficiency of the evidence. Such appeals have been strongly discouraged. See People v. Martinez, 198 Colo. 577, 603 P.2d 944 (1979); People v. Berry, 198 Colo. 258, 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268, 529 P.2d 1337 (1975); People......
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People v. Thompson, 81SA435
...a trial court's determination of the sufficiency of the evidence. Such appeals have been strongly discouraged. See People v. Martinez, 198 Colo. 577, 603 P.2d 944 (1979); People v. Berry, 198 Colo. 258, 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268, 529 P.2d 1337 (1975); People......
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People v. Lyle, 79SA22
...case. This court's opinion would therefore serve little purpose and would have no significant precedential value. People v. Martinez, Colo., 603 P.2d 944 (1979); People v. Berry, Colo., 598 P.2d 1044 (1979); People v. Chmielewski, 187 Colo. 268, 529 P.2d 1337 (1975); People v. Kirkland, 174......
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...18-1-408(1)(d). We therefore do not consider the sufficiency of the People's evidence, nor are we inclined to do so. See People v. Martinez, Colo., 603 P.2d 944, (1979), and People v. Berry, Colo., 598 P.2d 1044 (1979).2 "A person commits theft when he knowingly obtains or exercises control......