People v. Ferguson

BABCOCK, Judge.

Defendant, Clayton Ferguson, Jr., appeals the judgment of conviction entered on the jury verdict finding him guilty of theft. We affirm.

Evidence presented by the prosecution' showed the following events to have occurred. On the evening of April 30,1982, a dinner party attended by 32 persons was held at a restaurant in Boulder. After dinner, one of the members of the party collected the funds to pay for the dinner. While walking toward the cashier, he was met by defendant. Based upon their conversation, the patron believed the defendant to be a member of the restaurant’s staff.…