People v. Leonardo

VAN CISE, Judge.

Defendant Joseph N. Leonardo, Jr., appeals his conviction of theft by receiving and conspiracy to commit theft by receiving. We affirm.

At the conclusion of the evidence, the jury was instructed on the elements of theft by receiving, and one of the elements listed was “knowing or believing” that the thing of value had been stolen. See § 18-4-410, C.R.S. (1978 Repl.Vol. 8). The term “believing” was not further defined in the instructions, although the stock instruction on “knowingly” was included in the packet of instructions the jury received.

During its deliberations, the jury…