Robles v. People, 21609
| Decision Date | 02 August 1966 |
| Docket Number | No. 21609,21609 |
| Citation | 160 Colo. 297,417 P.2d 232 |
| Parties | Joe Gabriel ROBLES, Plaintiff in Error, v. The PEOPLE of the State of Colorado, Defendant in Error. |
| Court | Colorado Supreme Court |
Brenman, Ciancio, Epstein, Kranzler, Zerobnick & Zuckerman, Denver, for plaintiff in error.
Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Aurel M. Kelly, Sp. Asst. Atty. Gen., Denver, for defendant in error.
Joe Gabriel Robles, hereinafter referred to as Robles or the defendant, seeks reversal of a judgment sentencing him to a term of from eighteen months to seven years in the State Penitentiary for conspiracy to commit robbery.
Robles was charged in count 1 of the information with robbery with a dangerous weapon and in count 2 with conspiracy to commit the offense charged in count 1.
At the trial, the testimony showed that there was a robbery committed by two masked men at the Welcome Inn on July 28, 1962. There was no evidence that anyone other than the two men who committed the robbery was involved.
The victim, one Ward, testified that two masked gunmen entered the tavern between 10:00 and 10:30 P.M. on the night in question. As one of the gunmen went behind the bar where Ward was standing, the other took up position on the other side of the bar and watched the customers. Ward was unable to describe the facial characteristics of either gunman, but he did testify that one man was taller than himself and the other was shorter. The height of the taller gunman was placed at 5 feet, 11 inches, and the shorter at 5 feet, 5 inches. Later, Ward, who is 5 feet, 7 inches, was asked to stand next to the defendant, and it was observed that both men were the same height. Geurrero, the other eyewitness, corroborated Ward's testimony.
The People also produced the testimony of Detectives Brannan and Lopez wherein each testified to an extra-judicial statement by the defendant in which he replied 'yes' to a question as to whether he committed the Welcome Inn robbery. This statement, made some several months after the Welcome Inn robbery, was given on the morning after defendant had been shot twice in another robbery, was awaiting surgery at Denver General Hospital and was, according to the testimony of the officers, in a great deal of pain. At a later date, after his recovery, the defendant refused to admit he committed the Welcome Inn burglary and denied he had told the detectives that he had. The trial court found, as a matter of law, that the statement made to the detectives was admissible in evidence.
The defendant pleaded guilty to the second robbery before trial in the present case and was sentenced to the penitentiary for that crime for a term of from eight to ten years. It is also to be noted that evidence was admitted over objection to show the type of wound suffered by defendant in the second robbery as compared to the severity of the wound suffered by the victim of that robbery, although defendant was not on trial for the second robbery.
At the close of the People's case, the defense moved for judgment of acquittal as to both counts of the information. The motions were based upon insufficiency of the evidence. The motions were denied and the issue of defendant's guilt on both charges was submitted to the jury. Thereupon, depsite the extra-judicial statement despite the extra-judicial statement on the robbery count and guilty on the charge of conspiracy to commit robbery.
Several grounds of error are urged, including a claim that the extra-judicial confession was improperly received into evidence. We are convinced that defendant's contention that under the circumstances of this case the verdict of not guilty on the charge of robbery required dismissal of the conspiracy count, is sound and, therefore, we need not discuss the other assignments of error.
To convict one of the crime of conspiracy, three elements must necessarily be proven beyond a reasonable doubt. There must be a real agreement, combination or confederation with a common design between two or more persons to accomplish an unlawful purpose, which, in this state, must amount to a crime. La Vielle v. People, 113 Colo. 277, 157 P.2d 621. However, since a conspiracy is...
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People v. Frye, 94SC31
...of second degree sexual assault and menacing with a deadly weapon. The court of appeals concluded that according to Robles v. People, 160 Colo. 297, 417 P.2d 232 (1966), consistency of verdicts is required for convictions to be upheld on appellate review but that the jury's verdict finding ......
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State v. Garcia
...1970); People v. Samora, 188 Colo. 74, 532 P.2d 946 (1975); People v. Armijio, 176 Colo. 547, 491 P.2d 1384 (1971); Robles v. People, 160 Colo. 297, 417 P.2d 232 (1966). See also, Annot., 18 A.L.R.3d 259 (1968); Comment, "Inconsistency of Verdicts in a Federal Criminal Trial," 60 Columbia L......
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People v. Incerto
...with McCallon to bribe the Pueblo district judge. II. The defendant's second contention is that our decision in Robles v. People, 160 Colo. 297, 417 P.2d 232 (1966), requires that he be acquitted. An acquittal of a substantive offense forecloses conviction on a conspiracy charge if, and onl......
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Marquiz v. People, 84SC255
...required an agreement between two or more persons. E.g., Pooley v. People, 164 Colo. 484, 436 P.2d 118 (1968); Robles v. People, 160 Colo. 297, 417 P.2d 232 (1966). In cases decided under the present statute, we have continued to assume that to be the case. E.g., People v. Shannon, 189 Colo......