196 Colo. 68 582 P.2d 666

No. 28021

The People of the State of Colorado v. Reginald Author Girard

(582 P.2d 666)

Decided July 3, 1978.

Rehearing denied August 28, 1978.

J. D. MacFarlane, Attorney General, David W. Robbins, Deputy, Edward G. Donovan, Solicitor General, Lynne Ford, Assistant, for plaintiff-appellee.

*69John A. Purvis, Acting State Public Defender, Lee Belstock, Deputy, for defendant-appellant.

En Banc.

MR. JUSTICE CARRIGAN

delivered the opinion of the Court.

This appeal arises from the same trial involved in People v. Warren, 196 Colo. 75, 582 P.2d 663 and People v. Albers, 196 Colo. 66, 582 P.2d 667 announced contemporaneously with this opinion. A complete statement of the facts of the case is contained in People v. Warren.

The appellant was convicted of second-degree burglary,1 conspiracy to commit second-degree burglary2 felony theft,3 aggravated robbery,4 and conspiracy to commit aggravated robbery.5 We hold that the trial court abused its discretion in denying the appellant’s motion for a trial separate from that of his two co-defendants, and therefore we reverse and remand for a new trial.

Our reasoning in People v. Warren, supra, is also dispositive here. Accordingly, the judgment of the trial court is reversed, and the cause is remanded for a new trial.

MR. JUSTICE KELLEY dissents.

MR. JUSTICE HODGES does not participate.

People v. Girard
196 Colo. 68 582 P.2d 666

Case Details

Name
People v. Girard
Decision Date
Jul 3, 1978
Citations

196 Colo. 68

582 P.2d 666

Jurisdiction
Colorado

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