People v. Piskula

The People appeal the trial court’s order granting the defendant’s pre-trial motion to dismiss both counts of the information for felony theft under section 18-4-401, C.R.S. 1973. The trial court held that the action constituted a criminal prosecution for a civil debt in violation of Colo. Const. Art. II, Sec. 12. We reverse and remand for further proceedings.

In February of 1977 the defendant contracted with Roland and Virginia Beavers (Beavers) to construct a residence. In April of that year the defendant presented the Beavers with a bill which included an itemized list of materials used in…