People v. Berry

At the conclusion of the People’s evidence, the trial court granted defendant’s motion for judgment of acquittal on a charge of theft of auto parts, namely, two hubcaps. The district attorney challenges the trial court’s judgment based upon its allegedly erroneous application of the rule of law adopted by this court in People v. Bennett, 183 Colo. 125, 515 P.2d 466 (1973), which holds that to withstand a motion for a judgment of acquittal, the prosecution has the burden of establishing a prima facie case of guilt and must introduce sufficient evidence to establish guilt beyond a reasonable…