Leonardo v. People

LOHR, Justice.

The defendant in this criminal case, Joseph Lee Leonardo, III (Leonardo),1 was charged with and convicted of theft by receiving in violation of section 18-4-410, 8B C.R.S. (1986),2 and conspiracy to commit theft by receiving in violation of section 18-2-201, 8B C.R.S. (1986). The defendant appealed, contending that the trial court had erred in two respects. First, the court had declined to elaborate on its instructions in response to a question submitted by the jury after commencing deliberations. Second, the court had failed to obtain the presence of the defendant and his…