Roybal v. People

Pedro Roybal was convicted in the Denver District Court of the crime of attempted burglary in violation of 1967 Perm. Supp., C.R.S. 1963, 40-25-1, and sentenced to the Colorado State Penitentiary. He challenges the validity of the conviction, asserting prejudicial error was committed by the trial court. We agree, and reverse the judgment of conviction.

The undisputed record of events giving rise to the charges against Roybal show that at approximately 3 a.m. on June 15, 1969, police, in response to a silent burglar alarm, were dispatched to investigate the scene of an alleged burglary in…