People v. Cowden

ERICKSON, Justice.

Defendant David Cowden (Cowden or defendant) was charged and convicted of six counts of felony theft. See § 18-4-401(1), (2)(c), 8 C.R.S. (1978). 1 Defendant contends on appeal that: (1) section 18-4-401(1) denies him equal protection of the law, and (2) plain error occurred when the trial court failed to instruct the jury that the value of the alleged stolen articles was an element of the crime of theft. We reject the constitutional attack on the statute, reverse the conviction on the second count, and affirm the convictions on the remaining counts. 2

I

Cowden owned and…