People v. Diaz

Defendant, Eloy Diaz, was tried and convicted of burglary and theft, in violation of 1967 Perm. Supp., C.R.S. 1963, 40-3-5 and 1967 Perm. Supp., C.R.S. 1963, 40-5-2, respectively. Defendant was sentenced to three to four years in the state penitentiary on each count, the sentences to run concurrently.

On appeal defendant contests the sufficiency of evidence of both burglary and theft. We agree that the conviction for burglary must be reversed. However, we find the theft conviction supported by the evidence and, therefore, affirm it.

On or about May 1, 1971, the defendant was hired as a…