People v. Smith

Edgar Smith was tried on charges of second degree burglary and theft. The jury acquitted Smith of burglary and was unable to reach a verdict on the theft charge. We granted certiorari in People v. Smith, 919 P.2d 843 (Colo.App.1995), to consider whether the doctrine of collateral estoppel barred reprosecution of Smith for the crime of theft. Because we determine that the burglary acquittal did not definitely and necessarily decide an element necessary to prove the theft charge, we reverse the court of appeals decision and remand with directions to reinstate Smith’s theft conviction.

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