People v. Jacquez

The district attorney appeals from an adverse ruling involving the interpretation of the habitual criminal statute, section 16-13-101 et seq., C.R.S. 1973. We disapprove the ruling.

Defendant was convicted by a jury of second-degree burglary (section 18-4-203, C.R.S. 1973) and felony theft (section 18-4-401, C.R.S. 1973).

A trial was then held on three habitual criminal felony counts. The information in count 3 charged the defendant with having been convicted of burglary on January 7, 1963. In count 4, defendant was charged with having been convicted of robbery in Denver on October 22, 1964. In…