People v. Martinez

Defendant Martinez was charged with first-degree assault as defined in section 18-3-202(l)(a), C.R.S. 1973. He pled not guilty and the matter was tried to a jury. After the close of the People’s evidence, the defendant made a motion for judgment of acquittal which was granted by the trial court.

The People appeal and assert that the trial court erred in granting the motion for judgment of acquittal because the People had presented substantial evidence which would have supported a jury verdict of guilty. We agree with this assertion and hold that the trial court clearly usurped the jury’s…