Goldsberry v. People

Opinion by

Mr. Justice McWilliams.

Donald Wayne Goldsberry, hereinafter referred to as “the defendant,” was convicted by a jury of the burglary of the building of one Doris Miller, who was operating therein a dining place known as Pappy’s Corner Cafe, situate in Arriba, Lincoln County, Colorado. Defendant’s motion for new trial was denied and the trial court thereupon sentenced him to the state penitentiary for a term of not less than one year nor more than five years. In imposing the sentence the trial court inadvertently stated that the defendant had been convicted of the crime of larceny,…