People v. Quintana

QUINN, Justice.

The defendant, Michael Albert Quintana, appeals his conviction for second degree burglary, section 18-4-203, C.R.S.1973 (1978 RepLVol. 8 and 1982 Supp.). He asserts as error the trial court’s denial of his motion for a judgment of acquittal at the end of all the evidence and the admission into evidence of his postarrest silence. Although we conclude that the evidence was sufficient to support the burglary conviction, we are satisfied that the evidence of the defendant’s postarrest silence was so ambiguous as to lack probative value and should not have been admitted. We…