Armintrout v. People

We granted certiorari to review People v. Armintrout, No. 90CA1861 (Colo.App. Aug. 20, 1992) (not selected for official publication), in which the court of appeals held that the petitioner, John Cecil Ar-mintrout, was properly conyicted of both first degree burglary and second degree burglary based on the same entry. We now reverse and hold that Armintrout’s conviction of second degree burglary was merged into the greater inclusive offense of first degree burglary, precluding the imposition of concurrent sentences for both offenses.

I

In the early morning of December 19, 1989, Armintrout, armed…