People v. Clayton

The majority affirmed the district court’s dismissal of one count of felony theft filed against the defendant, holding that the unauthorized taking by a partner of partnership property is not a crime. I respectfully dissent. A partner should not be immune from prosecution for theft because the property he steals belongs to the partnership.

Under the Colorado theft statute, section 18-4-401, “a person commits theft when he knowingly obtains or exercises control over anything of value of another without authorization.” § 18-4-401, 8B C.R.S. (1986). Section 2-4-401(8), IB C.R.S. (1980), provides…