People of State of Colorado v. Brand

VAN CISE, Judge.

Defendants, Michael and Cathy Brand, appeal their convictions on two felony counts of violating the provisions of § 38-22-127, C.R.S. 1973 (1978 Cum.Supp.). We reverse.

Defendants, as general contractors, built and sold a house and received the net sale price from their buyers. Subsequently mechanics’ liens statements for unpaid construction bills were filed against the property by a subcontractor and a material supplier. When these lien claimants were not paid, a criminal information was filed in which these defendants were charged with violating § 38-22-127, C.R.S. 1973 (1978…