People of State of Colorado v. Esquibel

Opinion by

Judge STERNBERG.

The defendant, Donaciano Esquibel, appeals a judgment of conviction for one count of second degree burglary. He contends that his right to a jury trial under both the United States and Colorado Constitutions, as well as his due process rights, were violated by virtue of the improper jury instructions. We disagree and therefore affirm.

The defendant was charged by information with one count of second degree burglary and one count of theft. He was convicted on both counts at a jury trial, but appeals only the burglary conviction.

In accordance with COLJI-Crim. No. 14:03…