People v. Lucero

HODGES, Chief Justice.

The trial court on defendant Lucero’s motion at the conclusion of the prosecution’s presentation of evidence, entered a judgment of acquittal of the charge of escape. On appeal, the People contend that the trial court erred in granting the defendant’s motion. We agree and therefore disapprove the judgment rather than reverse and remand for a new trial because any effort to again try this defendant on this charge would be contrary to the double jeopardy provisions of Article II, Section 18 of the Constitution of Colorado.

The defendant was convicted of robbery and…