People v. Johnson

specially concurring:

While I agree with the result reached by the majority in this case, I believe a further word is required as to the nature of the constitutional defect in this case. The objectionable language in the theft by receiving statute, section 18-4-410(1), C.R.S. 1973, is “believing or having reasonable cause to believe.” In People v. Prante, 177 Colo. 243, 493 P.2d 1083 (1972), we approved language in an “assault on a police officer” statute which required that a defendant “knew or reasonably should have known that the person assaulted was a peace officer engaged in the *202performanc…