People v. Westrum

HODGES, Chief Justice.

This is an appeal by the People from a judgment of the trial court dismissing an information charging the defendant, Jon P. Westrum, with felony theft. We reverse.

The defendant was charged with a class 4 felony, theft of a motorcycle in violation of section 18-4-401, C.R.S.1973 (now in 1978 Repl.Vol. 8). He moved to dismiss the information on the ground that he should have been charged with aggravated motor vehicle theft under section 18-4-409, C.R.S. 1973 (now in 1978 Repl.Vol. 8). The defendant argued in the trial court that since section 18-4-409 applies specifically…