People v. Pepper

Defendant was convicted by a jury in the Mesa County District Court of second-degree burglary, section 18-4-203, C.R.S. 1973, and theft of less than fifty dollars, section 18-4-401(3.1), C.R.S. 1973 (1976 Supp.). These charges arose from defendant’s involvement, along with seven other persons, in the burglary of a Circle K Store on September 5, 1975. We affirm.

At trial, the People called Thomas Eugene Romero, who had been arrested with defendant. Romero testified that he and several friends, including defendant, had gone to the Circle K Store on the night in question. Romero, however, claimed…